MEMORANDUM ON GENUINE AUTONOMY FOR THE TIBETAN PEOPLE
Peter Terpstra
I INTRODUCTION
Since the renewal of direct contact with the Central Government of the
People's Republic of China (PRC) in 2002, extensive discussions have been held
between the envoys of His Holiness the 14th Dalai Lama and representatives of
the Central Government. In these discussions we have put forth clearly the
aspirations of Tibetans. The essence of the Middle Way Approach is to secure
genuine autonomy for the Tibetan people within the scope of the Constitution
of the PRC. This is of mutual benefit and based on the long-term interest of
both the Tibetan and Chinese peoples. We remain firmly committed not to seek
separation or independence. We are seeking a solution to the Tibetan problem
through genuine autonomy, which is compatible with the principles on autonomy
in the Constitution of the People’s Republic of China (PRC). The protection
and development of the unique Tibetan identity in all its aspects serves the
larger interest of humanity in general and those of the Tibetan and Chinese
people in particular.
During the seventh round of talks in Beijing on 1 and 2 July 2008, the Vice
Chairman of the Chinese People’s Political Consultative Conference and the
Minister of the Central United Front Work Department, Mr. Du Qinglin,
explicitly invited suggestions from His Holiness the Dalai Lama for the
stability and development of Tibet. The Executive Vice Minister of the Central
United Front Work Department, Mr. Zhu Weiqun, further said they would like to
hear our views on the degree or form of autonomy we are seeking as well as on
all aspects of regional autonomy within the scope of the Constitution of the
PRC.
Accordingly, this memorandum puts forth our position on genuine autonomy and
how the specific needs of the Tibetan nationality for autonomy and self-
government can be met through application of the principles on autonomy of the
Constitution of the People’s Republic of China, as we understand them. On this
basis, His Holiness the Dalai Lama is confident that the basic needs of the
Tibetan nationality can be met through genuine autonomy within the PRC.
The PRC is a multi-national state, and as in many other parts of the world, it
seeks to resolve the nationality question through autonomy and the self-
government of the minority nationalities. The Constitution of the PRC
contains fundamental principles on autonomy and self-government whose
objectives are compatible with the needs and aspirations of the Tibetans.
Regional national autonomy is aimed at opposing both the oppression and the
separation of nationalities by rejecting both Han Chauvinism and local
nationalism. It is intended to ensure the protection of the culture and the
identity of minority nationalities by powering them to become masters of their
own affairs.
To a very considerable extent Tibetan needs can be met within the
constitutional principles on autonomy, as we understand them. On several
points, the Constitution gives significant discretionary powers to state
organs in the decision-making and on the operation of the system of autonomy.
These discretionary powers can be exercised to facilitate genuine autonomy for
Tibetans in ways that would respond to the uniqueness of the Tibetan
situation. In implementing these principles, legislation relevant to autonomy
may consequently need to be reviewed or amended to respond to the specific
characteristics and needs of the Tibetan nationality. Given good will on both
sides, outstanding problems can be resolved within the constitutional
principles on autonomy. In this way national unity and stability and
harmonious relations between the Tibetan and other nationalities will be
established.
II RESPECT FOR THE INTEGRITY OF THE TIBETAN NATIONALITY
Tibetans belong to one minority nationality regardless of the current
administrative division. The integrity of the Tibetan nationality must be
respected. That is the spirit, the intent and the principle underlying the
constitutional concept of national regional autonomy as well as the principle
of equality of nationalities.
There is no dispute about the fact that Tibetans share the same language,
culture, spiritual tradition, core values and customs, that they belong to the
same ethnic group and that they have a strong sense of common identity.
Tibetans share a common history and despite periods of political or
administrative divisions, Tibetans continuously remained united by their
religion, culture, education, language, way of life and by their unique high
plateau environment.
The Tibetan nationality lives in one contiguous area on the Tibetan plateau,
which they have inhabited for millennia and to which they are therefore
indigenous. For purposes of the constitutional principles of national regional
autonomy Tibetans in the PRC in fact live as a single nationality all over the
Tibetan plateau.
On account of the above reasons, the PRC has recognised the Tibetan
nationality as one of the 55 minority nationalities.
III TIBETAN ASPIRATIONS
Tibetans have a rich and distinct history, culture and spiritual tradition all
of which form valuable parts of the heritage of humanity. Not only do Tibetans
wish to preserve their own heritage, which they cherish, but equally they wish
to further develop their culture and spiritual life and knowledge in ways that
are particularly suited to the needs and conditions of humanity in the 21st
century.
As a part of the multi-national state of the PRC, Tibetans can benefit greatly
from the rapid economic and scientific development the country is
experiencing. While wanting to actively participate and contribute to this
development, we want to ensure that this happens without the people losing
their Tibetan identity, culture and core values and without putting the
distinct and fragile environment of the Tibetan plateau, to which Tibetans are
indigenous, at risk.
The uniqueness of the Tibetan situation has consistently been recognised
within the PRC and has been reflected in the terms of the ‘17 Point Agreement’
and in statements and policies of successive leaders of the PRC since then,
and should remain the basis for defining the scope and structure of the
specific autonomy to be exercised by the Tibetan nationality within the PRC.
The Constitution reflects a fundamental principle of flexibility to
accommodate special situations, including the special characteristics and
needs of minority nationalities.
His Holiness the Dalai Lama’s commitment to seek a solution for the Tibetan
people within the PRC is clear and unambiguous. This position is in full
compliance and agreement with paramount leader Deng Xiaoping's statement in
which he emphasised that except for independence all other issues could be
resolved through dialogue. Whereas, we are committed, therefore, to fully
respect the territorial integrity of the PRC, we expect the Central Government
to recognise and fully respect the integrity of the Tibetan nationality and
its right to exercise genuine autonomy within the PRC. We believe that this is
the basis for resolving the differences between us and promoting unity,
stability and harmony among nationalities.
For Tibetans to advance as a distinct nationality within the PRC, they need to
continue to progress and develop economically, socially and politically in
ways that correspond to the development of the PRC and the world as a whole
while respecting and nurturing the Tibetan characteristics of such
development. For this to happen, it is imperative that the right of Tibetans
to govern themselves be recognised and implemented throughout the region where
they live in compact communities in the PRC, in accordance with the Tibetan
nationality’s own needs, priorities and characteristics.
The Tibetan people's culture and identity can only be preserved and promoted
by the Tibetans themselves and not by any others. Therefore, Tibetans should
be capable of self-help, self-development and self-government, and an optimal
balance needs to be found between this and the necessary and welcome guidance
and assistance for Tibet from the Central Government and other provinces and
regions of the PRC.
IV BASIC NEEDS OF TIBETANS
Subject Matters of Self-government
1) Language
Language is the most important attribute of the Tibetan people’s identity.
Tibetan is the primary means of communication, the language in which their
literature, their spiritual texts and historical as well as scientific works
are written. The Tibetan language is not only at the same high level as that
of Sanskrit in terms of grammar, but is also the only one that has the
capability of translating from Sanskrit without an iota of error. Therefore,
Tibetan language has not only the richest and best-translated literatures,
many scholars even contend that it has also the richest and largest number of
literary compositions. The Constitution of the PRC, in Article 4, guarantees
the freedom of all nationalities “to use and develop their own spoken and
written languages ...”.
In order for Tibetans to use and develop their own language, Tibetan must be
respected as the main spoken and written language. Similarly, the principal
language of the Tibetan autonomous areas needs to be Tibetan.
This principle is broadly recognised in the Constitution in Article 121, which
states, “the organs of self-government of the national autonomous areas employ
the spoken and written language or language in common use in the locality.”
Article 10 of the Law on Regional National Autonomy (LRNA) provides that these
organs “shall guarantee the freedom of the nationalities in these areas to use
and develop their own spoken and written languages....”
Consistent with the principle of recognition of Tibetan as the main language
in Tibetan areas, the LRNA (Article 36) also allows the autonomous government
authorities to decide on “the language used in instruction and enrolment
procedures” with regard to education. This implies recognition of the
principle that the principal medium of education be Tibetan.
2) Culture
The concept of national regional autonomy is primarily for the purpose of
preservation of the culture of minority nationalities. Consequently, the
constitution of PRC contains references to cultural preservation in Articles
22, 47 and 119 as also in Article 38 of the LRNA. To Tibetans, Tibetan culture
is closely connected to our religion, tradition, language and identity, which
are facing threats at various levels. Since Tibetans live within the
multinational state of the PRC, this distinct Tibetan cultural heritage needs
protection through appropriate constitutional provisions.
3) Religion
Religion is fundamental to Tibetans and Buddhism is closely linked to their
identity. We recognise the importance of separation of church and state, but
this should not affect the freedom and practice of believers. It is impossible
for Tibetans to imagine personal or community freedom without the freedom of
belief, conscience and religion. The Constitution recognises the importance of
religion and protects the right to profess it. Article 36 guarantees all
citizens the right to the freedom of religious belief. No one can compel
another to believe in or not to believe in any religion. Discrimination on the
basis of religion is forbidden.
An interpretation of the constitutional principle in light of international
standard would also cover the freedom of the manner of belief or worship. The
freedom covers the right of monasteries to be organised and run according to
Buddhist monastic tradition, to engage in teachings and studies, and to enroll
any number of monks and nuns or age group in accordance with these rules. The
normal practice to hold public teachings and the empowerment of large
gatherings is covered by this freedom and the state should not interfere in
religious practices and traditions, such as the relationship between a teacher
and his disciple, management of monastic institutions, and the recognition of
reincarnations.
4) Education
The desire of Tibetans to develop and administer their own education system in
cooperation and in coordination with the central government’s ministry of
education is supported by the principles contained in the Constitution with
regard to education. So is the aspiration to engage in and contribute to the
development of science and technology. We note the increasing recognition in
international scientific development of the contribution which Buddhist
psychology, metaphysics, cosmology and the understanding of the mind is making
to modern science.
Whereas, under Article 19 of the Constitution the state takes on the overall
responsibility to provide education for its citizens, Article 119 recognises
the principle that “[T]he organs of self-government of the national autonomous
areas independently administer educational .... affairs in their respective
areas...” This principle is also reflected in Article 36 of the LRNA.
Since the degree of autonomy in decision-making is unclear, the point to be
emphasised is that the Tibetan need to exercise genuine autonomy with regard
to its own nationality’s education and this is supported by the principles of
the constitution on autonomy.
As for the aspiration to engage in and contribute to the development of
scientific knowledge and technology, the Constitution (Article 119) and the
LRNA (Article 39) clearly recognise the right of autonomous areas to develop
scientific knowledge and technology.
5) Environment Protection
Tibet is the prime source of Asia's great rivers. It also has the earth's
loftiest mountains as well as the world's most extensive and highest plateau,
rich in mineral resources, ancient forests, and many deep valleys untouched by
human disturbances.
This environmental protection practice was enhanced by the Tibetan people's
traditional respect for all forms of life, which prohibits the harming of all
sentient beings, whether human or animal. Tibet used to be an unspoiled
wilderness sanctuary in a unique natural environment.
Today, Tibet's traditional environment is suffering irreparable damage. The
effects of this are especially notable on the grasslands, the croplands, the
forests, the water resources and the wildlife.
In view of this, according to Articles 45 and 66 of the LNRA, the Tibetan
people should be given the right over the environment and allow them to follow
their traditional conservation practices.
6) Utilisation of Natural Resources
With respect to the protection and management of the natural environment and
the utilisation of natural resources the Constitution and the LRNA only
acknowledge a limited role for the organs of self-government of the autonomous
areas (see LRNA Articles 27, 28, 45, 66, and Article 118 of the Constitution,
which pledges that the state “shall give due consideration to the interests of
[the national autonomous areas]]”. The LRNA recognises the importance for the
autonomous areas to protect and develop forests and grasslands (Article 27)
and to “give priority to the rational exploitation and utilization of the
natural resources that the local authorities are entitled to develop”, but
only within the limits of state plans and legal stipulations. In fact, the
central role of the State in these matters is reflected in the Constitution
(Article 9).
The principles of autonomy enunciated in the Constitution cannot, in our view,
truly lead to Tibetans becoming masters of their own destiny if they are not
sufficiently involved in decision-making on utilisation of natural resources
such as mineral resources, waters, forests, mountains, grasslands, etc.
The ownership of land is the foundation on which the development of natural
resources, taxes and revenues of an economy are based. Therefore, it is
essential that only the nationality of the autonomous region shall have the
legal authority to transfer or lease land, except land owned by the state. In
the same manner, the autonomous region must have the independent authority to
formulate and implement developmental plans concurrent to the state plans.
7) Economic Development and Trade
Economic Development in Tibet is welcome and much needed. The Tibetan people
remain one of the most economically backward regions within the PRC.
The Constitution recognises the principle that the autonomous authorities have
an important role to play in the economic development of their areas in view
of local characteristics and needs (Article 118 of the Constitution, also
reflected in LRNA Article 25). The Constitution also recognises the principle
of autonomy in the administration and management of finances (Article 117, and
LRNA Article 32). At the same time, the Constitution also recognises the
importance of providing State funding and assistance to the autonomous areas
to accelerate development (Article 122, LRNA Article 22).
Similarly, Article 31 of the LRNA recognises the competence of autonomous
areas, especially those such as Tibet, adjoining foreign countries, to conduct
border trade as well as trade with foreign countries. The recognition of these
principles is important to the Tibetan nationality given the region’s
proximity to foreign countries with which the people have cultural, religious,
ethnic and economic affinities.
The assistance rendered by the Central Government and the provinces has
temporary benefits, but in the long run if the Tibetan people are not self-
reliant and become dependent on others it has greater harm. Therefore, an
important objective of autonomy is to make the Tibetan people economically
self-reliant.
8) Public health
The Constitution enunciates the responsibility of the State to provide health
and medical services (Article 21). Article 119 recognises that this is an area
of responsibility of the autonomous areas. The LRNA (Article 40) also
recognises the right of organs of self-government of the autonomous areas to
“make independent decisions on plans for developing local medical and health
services and for advancing both modern and the traditional medicine of the
nationalities.”
The existing health system fails to adequately cover the needs of the rural
Tibetan population. According to the principles of the above-mentioned laws,
the regional autonomous organs need to have the competencies and resources to
cover the health need of the entire Tibetan population. They also need the
competencies to promote the traditional Tibetan medical and astro system
strictly according to traditional practice.
9) Public Security
In matters of public security it is important that the majority of security
personnel consists of members of the local nationality who understand and
respect local customs and traditions.
What is lacking in Tibetan areas is absence of decision-making authority in
the hands of local Tibetan officials.
An important aspect of autonomy and self-government is the responsibility for
the internal public order and security of the autonomous areas. The
Constitution (Article 120) and LRNA (Article 24) recognise the importance of
local involvement and authorise autonomous areas to organise their security
within "the military system of the State and practical needs and with the
approval of the State Council."
10) Regulation on population migration
The fundamental objective of national regional autonomy and self-government is
the preservation of the identity, culture, language and so forth of the
minority nationality and to ensure that it is the master of its own affairs.
When applied to a particular territory in which the minority nationality lives
in a concentrated community or communities, the very principle and purpose of
national regional autonomy is disregarded if large scale migration and
settlement of the majority Han nationality and other nationalities is
encouraged and allowed. Major demographic changes that result from such
migration will have the effect of assimilating rather than integrating the
Tibetan nationality into the Han nationality and gradually extinguishing the
distinct culture and identity of the Tibetan nationality. Also, the influx of
large numbers of Han and other nationalities into Tibetan areas will
fundamentally change the conditions necessary for the exercise of regional
autonomy since the constitutional criteria for the exercise of autonomy,
namely that the minority nationality “live in compact communities” in a
particular territory is changed and undermined by the population movements and
transfers. If such migrations and settlements continue uncontrolled, Tibetans
will no longer live in a compact community or communities and will
consequently no longer be entitled, under the Constitution, to national
regional autonomy. This would effectively violate the very principles of the
Constitution in its approach to the nationalities issue.
There is precedent in the PRC for restriction on the movement or residence of
citizens. There is only a very limited recognition of the right of autonomous
areas to work out measures to control “the transient population” in those
areas. To us it would be vital that the autonomous organs of self-government
have the authority to regulate the residence, settlement and employment or
economic activities of persons who wish to move to Tibetan areas from other
parts of the PRC in order to ensure respect for and the realisation of the
objectives of the principle of autonomy.
It is not our intention to expel the non-Tibetans who have permanently settled
in Tibet and have lived there and grown up there for a considerable time. Our
concern is the induced massive movement of primarily Han but also some other
nationalities into many areas of Tibet, upsetting existing communities,
marginalising the Tibetan population there and threatening the fragile natural
environment.
11) Cultural, educational and religious exchanges with other countries
Besides the importance of exchanges and cooperation between the Tibetan
nationality and other nationalities, provinces, and regions of the PRC in the
subject matters of autonomy, such as culture, art, education, science, public
health, sports, religion, environment, economy and so forth, the power of
autonomous areas to conduct such exchanges with foreign countries in these
areas is also recognised in the LRNA (Article 42).
V APPLICATION OF A SINGLE ADMINISTRATION FOR THE TIBETAN NATIONALITY IN THE
PRC
In order for the Tibetan nationality to develop and flourish with its distinct
identity, culture and spiritual tradition through the exercise of self-
government on the above mentioned basic Tibetan needs, the entire community,
comprising all the areas currently designated by the PRC as Tibetan autonomous
areas, should be under one single administrative entity. The current
administrative divisions, by which Tibetan communities are ruled and
administered under different provinces and regions of the PRC, foments
fragmentation, promotes unequal development, and weakens the ability of the
Tibetan nationality to protect and promote its common cultural, spiritual and
ethnic identity. Rather than respecting the integrity of the nationality, this
policy promotes its fragmentation and disregards the spirit of autonomy.
Whereas the other major minority nationalities such as the Uighurs and Mongols
govern themselves almost entirely within their respective single autonomous
regions, Tibetans remain as if they were several minority nationalities
instead of one.
Bringing all the Tibetans currently living in designated Tibetan autonomous
areas within a single autonomous administrative unit is entirely in accordance
with the constitutional principle contained in Article 4, also reflected in
the LRNA (Article 2), that “regional autonomy is practiced in areas where
people of minority nationalities live in concentrated communities.” The LRNA
describes regional national autonomy as the “basic policy adopted by the
Communist Party of China for the solution of the national question in China”
and explains its meaning and intent in its Preface:
the minority nationalities, under unified state leadership, practice regional
autonomy in areas where they live in concentrated communities and set up
organs of self-government for the exercise of the power of autonomy. Regional
national autonomy embodies the state’s full respect for and guarantee of the
right of the minority nationalities to administer their internal affairs and
its adherence to the principle of equality, unity and common prosperity of all
nationalities.
It is clear that the Tibetan nationality within the PRC will be able to
exercise its right to govern itself and administer its internal affairs
effectively only once it can do so through an organ of self-government that
has jurisdiction over the Tibetan nationality as a whole.
The LRNA recognises the principle that boundaries of national autonomous areas
may need to be modified. The need for the application of the fundamental
principles of the Constitution on regional autonomy through respect of the
integrity of the Tibetan nationality is not only totally legitimate, but the
administrative changes that may be required to achieve this in no way violate
constitutional principles. There are several precedents where this has been
actually done.
VI THE NATURE AND STRUCTURE OF THE AUTONOMY
The extent to which the right to self-government and self-administration can
be exercised on the preceding subject matters largely determines the genuine
character of Tibetan autonomy. The task at hand is therefore to look into the
manner in which autonomy can be regulated and exercised for it to effectively
respond to the unique situation and basic needs of the Tibetan nationality.
The exercise of genuine autonomy would include the right of Tibetans to create
their own regional government and government institutions and processes that
are best suited to their needs and characteristics. It would require that the
People’s Congress of the autonomous region have the power to legislate on all
matters within the competencies of the region (that is the subject matters
referred to above) and that other organs of the autonomous government have the
power to execute and administer decisions autonomously. Autonomy also entails
representation and meaningful participation in national decision-making in the
Central Government. Processes for effective consultation and close cooperation
or joint decision-making between the Central Government and the regional
government on areas of common interest also need to be in place for the
autonomy to be effective.
A crucial element of genuine autonomy is the guarantee the Constitution or
other laws provide that powers and responsibilities allocated to the
autonomous region cannot be unilaterally abrogated or changed. This means that
neither the Central Government nor the autonomous region’s government should
be able, without the consent of the other, to change the basic features of the
autonomy.
The parameters and specifics of such genuine autonomy for Tibet that respond
to the unique needs and conditions of the Tibetan people and region should be
set out in some detail in regulations on the exercise of autonomy, as provided
for in Article 116 of the Constitution (enacted in LRNA Article 19) or, if it
is found to be more appropriate, in a separate set of laws or regulations
adopted for that purpose. The Constitution, including Article 31, provides the
flexibility to adopt special laws to respond to unique situations such as the
Tibetan one, while respecting the established social, economic and political
system of the country.
The Constitution in Section VI provides for organs of self-government of
national autonomous regions and acknowledges their power to legislate. Thus
Article 116 (enacted in Article 19 of the LRNA) refers to their power to enact
“separate regulations in light of the political, economic and cultural
characteristics of the nationality or nationalities in the areas concerned.”
Similarly, the Constitution recognises the power of autonomous administration
in a number of areas (Article 117-120) as well as the power of autonomous
governments to apply flexibility in implementing the laws and policies of the
Central Government and higher state organs to suit the conditions of the
autonomous area concerned (Article 115).
The above-mentioned legal provisions do contain significant limitations to the
decision-making authority of the autonomous organs of government. But the
Constitution nevertheless recognises the principle that organs of self-
government make laws and policy decisions that address local needs and that
these may be different from those adopted elsewhere, including by the Central
Government.
Although the needs of the Tibetans are broadly consistent with the principles
on autonomy contained in the Constitution, as we have shown, their realisation
is impeded because of the existence of a number of problems, which makes the
implementation of those principles today difficult or ineffective.
Implementation of genuine autonomy, for example, requires clear divisions of
powers and responsibilities between the Central Government and the government
of the autonomous region with respect to subject matter competency. Currently
there is no such clarity and the scope of legislative powers of autonomous
regions is both uncertain and severely restricted. Thus, whereas the
Constitution intends to recognise the special need for autonomous regions to
legislate on many matters that affect them, the requirements of Article 116
for prior approval at the highest level of the Central Government - by the
Standing Committee of National People’s Congress (NPC) - inhibit the
implementation of this principle of autonomy. In reality, it is only
autonomous regional congresses that expressly require such approval, while the
congresses of ordinary (not autonomous) provinces of the PRC do not need prior
permission and merely report the passage of regulations to the Standing
Committee of the NPC “for the record” (Article 100).
The exercise of autonomy is further subject to a considerable number of laws
and regulations, according to Article 115 of the Constitution. Certain laws
effectively restrict the autonomy of the autonomous region, while others are
not always consistent with one another. The result is that the exact scope of
the autonomy is unclear and is not fixed, since it is unilaterally changed
with the enactment of laws and regulations are higher levels of the state, and
even by changes in policy. There is also no adequate process for consultation
or for settling differences that arise between the organs of the Central
Government and of the regional government with respect to the scope and
exercise of autonomy. In practice, the resulting uncertainty limits the
initiative of regional authorities and impedes the exercise of genuine
autonomy by Tibetans today.
We do not at this stage wish to enter into details regarding these and other
impediments to the exercise of genuine autonomy today by Tibetans, but mention
them by way of example so that these may be addressed in the appropriate
manner in our dialogue in the future. We will continue to study the
Constitution and other relevant legal provisions and, when appropriate, will
be pleased to provide further analysis of these issues, as we understand them.
VII THE WAY FORWARD
As stated at the beginning of this memorandum, our intention is to explore how
the needs of the Tibetan nationality can be met within the framework of PRC
since we believe these needs are consistent with the principles of the
Constitution on autonomy. As His Holiness the Dalai Lama stated on a number of
occasions, we have no hidden agenda. We have no intention at all of using any
agreement on genuine autonomy as stepping stone for separation from the PRC.
The objective of the Tibetan Government in Exile is to represent the interests
of the Tibetan people and to speak on their behalf. Therefore, it will no
longer be needed and will be dissolved once an agreement is reached between
us. In fact, His Holiness has reiterated his decision not to accept any
political office in Tibet at any time in the future. His Holiness the Dalai
Lama, nevertheless, plans to use all his personal influence to ensure such an
agreement would have the legitimacy necessary to obtain the support of the
Tibetan people.
Given these strong commitments, we propose that the next step in this process
be the agreement to start serious discussions on the points raised in this
memorandum. For this purpose we propose that we discuss and agree on a
mutually agreeable mechanism or mechanisms and a timetable to do so
effectively.
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Amnesty International Report 2009 on China:
http://report2009.amnesty.org/en/regions/asia-pacific/china