Sino-Tibetan Dialogue /
Sino-Tibetischer Dialog
MEMORANDUM ON
GENUINE AUTONOMY
FOR THE TIBETAN PEOPLE
Languages (pdf)
NOTE TO THE MEMORANDUM
(English, German, Italian, Czech, Hungarian)
SUMMARY
INTRODUCTION
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 People's
Republic of China (PRC).
Accordingly, during the recent eighth round of talks we
presented the
Memorandum on Genuine Autonomy for the Tibetan People to
the vice Chairman, Mr. Du Qinglin and held extensive discussions
with our Chinese counterparts on November 4th and 5th in
Beijing.
In recent days the Central United Front Work Department of
the Chinese Communist Party has issued statements about our
talks in Beijing and in particular about the content of the
memorandum we have presented to them. These Chinese statements
distort the position and proposal we have outlined in our paper.
In order to enable the public, concerned governments,
parliamentarians, non-governmental organisations and individuals
to gain a comprehensive and full understanding of the Tibetan
position on genuine autonomy for the Tibetan people, we are
releasing today the memorandum.
Our 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 felt confident that the basic needs of
the Tibetan nationality can be met through genuine autonomy
within the PRC.
SUMMARY OF THE MEMORANDUM
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
empowering them to become masters of their own affairs.
To a very considerable extent Tibetan needs can be met within
the constitutional principles on autonomy. On several points,
the Constitution gives significant discretionary powers to state
organs in 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. 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.
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.
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.
BASIC NEEDS OF TIBETANS
Subject Matters of Self-government
- Language
- Culture
- Religion
- Education
- Environmental Protection
- Utilisation of Natural Resources
- Economic Development and Trade
- Public health
- Public Security
- Regulation on population migration
- Cultural, educational and religious exchanges with other
countries
RESPECT FOR THE INTEGRITY OF THE TIBETAN NATIONALITY
Tibetans belong to one minority nationality regardless of the
current administrative divisions. 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.
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.
THE NATURE AND STRUCTURE OF THE AUTONOMY
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 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.
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 at 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.
Dharamsala, 16 Nov. 2008
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