Dalai Lama statement - constitution for the future of Tibet |

The document 'Guidelines for Future Tibet's Polity and the Basic Features of its Constitution' was released by the Department of Information and International Relations of the Tibetan Government-in-Exile in February 1992. Although somewhat speculative, it does nonetheless demonstrate that the Tibetan people are looking for a free and democratic system of government in the future. An abridged version of the text follows.
Introduction
Although it is difficult to predict the future, all human beings who wish to achieve happiness and avoid suffering must plan for the future. As a result of the Chinese occupation, Tibetans in Tibet are deprived of their basic human rights; this tragic situation cannot be permitted to continue for long.
Tibet has a recorded history of over 2,000 years and, according to archaeological findings, a civilisation dating back over 4,000 years. In terms of geographical features of the country, as well as in terms of race, culture, language, dress and customs, Tibet is a distinct nation.
However, by the middle of this century, Chinese occupation forces marched into Tibet through its eastern border regions of Kham and Amdo. Soon after, the Chinese intensified their military repression in Tibet, driving our political situation to a crisis point. In the face of this, I had no alternative but to comply to my people's request to assume full responsibility as the head of state of Tibet, although I was then only 16.
In the hope of winning peace and happiness for my people, I tried for years to establish an amicable relationship with the powerful and authoritarian Chinese officials. Also, I set out to reform the unsavoury aspects of our social system. With the view to introducing democracy, I constituted a committee consisting some 50 members. On the recommendation of the committee, some social welfare reforms were implemented, but my efforts towards introducing further reforms failed as the Chinese had by then converted Tibet into their colony.
As soon as the Chinese army had gained full control of Tibet, they shed their initial semblance of discipline and politeness to become ever more demanding and repressive. Brutal force was used to suppress the Tibetan resistance, first in Kham and Amdo, and finally in the whole of Tibet, by March 1959.
As a result, I was compelled to seek refuge in India in order to continue our struggle for the cause of Tibet. Among my initiatives in exile were to see to it that the Tibetan refugees, who were arriving in India in thousands, were given proper education and rehabilitation facilities. I also set out to continue my earlier plans to democratise Tibetan society.
In 1960, the first representative form of government, through the Assembly of Tibetan People's Deputies, was introduced in India. Since then we have had 11 such Assemblies. In 1961, I promulgated a Constitution for the Future Tibet, based on the principles of modern democracy. In general, this Constitution received overwhelming support from the Tibetans. The Tibetans, however, strongly opposed the provision which stipulated that, if circumstances demanded, the power of the Dalai Lama could be taken away according to the Constitution. Therefore, this provision had to be revised.
In 1963, an even more comprehensive Draft Constitution was announced. In an attempt to democratise the exile Tibetan Administration, the Assembly of Tibetan People's Deputies was entrusted with the authority to abolish the traditional bipolar system of appointing monk and lay officials to each position. In its place, new guidelines were introduced by which government officials would be appointed in a democratic fashion.
The 1963 Draft Constitution also permitted a Council of Regents to assume the powers of the Dalai Lama under specific circumstances, if that was seen to be in the highest interest of the nation. In deference to the wishes of the people, the Constitution gave the ultimate authority of the government to the Dalai Lama. Naturally, I was not satisfied with this clause. I felt that this Constitution fell far short of my aim for a genuine democracy.
Therefore, in my speech of the 10th March Anniversary in 1969, I declared that when the Tibetans regain their right to rule themselves, people must decide what kind of system of government they wanted. I also stated that it was not certain whether the system of government with the Dalai Lama as the supreme head would continue or not.
About three decades have passed since the Draft Constitution of 1963 was promulgated. During those years, the world has changed dramatically and people throughout the world have begun to value democratic rights more than ever before. They have realised that democracy is the foundation for the free expression of human thoughts and potentials.
Therefore, Tibet also must change when it becomes free.
The issue of Tibet is not merely a question of the survival of a people with their own distinct history and culture, it also has a direct bearing on the fate of this world and Asian peace, and particularly upon the relationship between the world's two most populous nations, India and China. At stake is also the serious question of human rights, as enshrined in the United Nations Universal Declaration of Human Rights, and the world body's efforts to put an end to the era of colonialism and expansionism.
Globally speaking, the values of democracy, freedom and justice are being appreciated and accepted more widely everywhere, especially in Eastern European countries, where the totalitarian system, labelled centralised democracy, is giving way to a true and free democracy. The peoples of these nations who have lived under such oppressive regimes are now gaining freedom and independence.
Similarly, the Tibetan Administration and population in exile, and more especially the Tibetans in Tibet, are striving hard for our freedom. For over 40 years, our brethren in Tibet have lived under an oppressive and tyrannical regime, completely deprived of basic human rights. Naturally, 99% of them - be they young, old, cadres, officials - are deeply resentful of the Chinese occupation of Tibet.
Despite the tremendous risks involved, many young people in Tibet have chosen to sacrifice their personal interests to demonstrate against Chinese rule in Tibet. Today there is much better understanding of the Tibetan issue in the world and this has heightened international interest in, and support for, our cause. In the light of this, the Chinese leadership will have no alternative but to abandon its rigid policy and come to the negotiating table to find a peaceful solution to the question of Tibet. It will not be long before the Chinese find themselves compelled to leave Tibet.
When this joyful occasion comes, the time when the Tibetans in Tibet and those in exile are reunited in a free Tibet, the present totalitarian system, dubbed centralised democracy, will have to give way to true democracy under which the peoples of all three provinces of Tibet, namely U'Tsang, Kham and Amdo, can enjoy freedom of thought, expression and movement. My hope is that Tibet will then be a zone of peace where environmental protection becomes the official policy. I also hope that Tibetan democracy will derive its inspiration from the Buddhist principles of compassion, justice and equality.
I believe that in the future, Tibet should have a multi-party system of parliament; and that it should have three organs of government, namely legislature, executive and judiciary, with a clear separation of powers between them, each independent of the other and vested with equal powers and authority. As I have often said, Tibet belongs to Tibetans, and especially to those who are in Tibet. Therefore, Tibetans in Tibet shall bear the main responsibility in future Tibet's democratic government. Moreover, Tibetan officials presently serving the government of Chinese-occupied Tibet should bear even greater responsibilities as they have more experience in running the affairs of the state. It is important that such Tibetan officials eschew all feelings of uncertainty and doubt. Instead, they should make efforts to strengthen their determination for the task of improving the quality of the future administration of Tibet and also re-dedicate themselves to the cause of Tibetan freedom.
Of course, some Tibetans, egged on by the Chinese, have said and done detrimental things. They have done this either due to ignorance or out of fear. Therefore, I see that no purpose will be served by seeking vengeance for their past deeds. What is vitally important is to strive unitedly for a happy future.
Personally, I have made up my mind that I will not play any role in the future government of Tibet, let alone seek the Dalai Lama's traditional position in the government.
There are important reasons why I have made this decision. There is no doubt that Tibetans, both in and outside Tibet, have great hope in and reverence for me. From my side too, I am determined to do whatever I can for the well-being of my people. The fact that I am in a position to do this is due to my karma and prayers over past lives. However, in the future I will not hold any official position in the government. I think I will be in a better position to serve the people as an individual outside the government.
Moreover, if Tibet is to survive as an equal member of the modern international community, it should reflect the collective potential of all its citizens, and not rely on one individual. This means the people must be actively involved in charting their own political and social destiny.
It is therefore in the interests of the Tibetan people, both long- and short-term, that I have come to this decision, and not because I am losing interest in my responsibilities. There is no need to worry on this count.
Once Tibet regains its freedom and the Chinese forces are withdrawn from Tibet, there will be a Transitional Period before the adoption of its Constitution. During this period, the existing administration in Tibet, with all its Tibetan functionaries, will be retained to look after such affairs of state as health, economy, education, culture and transport and communications. This means the Tibetan officials presently working under the Chinese should be ready to assume full responsibilities.
The Interim Government will be headed by a President, who will assume all the political powers presently held by me. The present Tibetan Government-in-Exile will be considered dissolved ipso facto.
The principal responsibility of the Transitional Government will be to form a Constituent Assembly with representatives from all parts of Tibet. The Constituent Assembly, in turn, will prepare Tibet's new Constitution on the basis of various drafts prepared in exile, which will be adopted only with the assent of the Interim President. Then, in accordance with the Constitution, the Interim President will appoint an Election Commission, which will conduct the election of the new Government.
Provisional Order during the Transitional Period
The time period between the withdrawal of repressive Chinese forces from Tibet and the formation of a new Tibetan Government, elected in accordance with the Democratic Constitution, shall be referred to as the "Transitional Period."
Since we must have an Interim President to head the Government during the Transitional Period, the following procedures will be followed to appoint him or her:
1. I shall constitute a small Committee of leaders from Cholka-sum (the three provinces of Tibet). This Committee will summon an emergency meeting of deputies, which in turn, will elect not more than seven candidates, from whom I shall appoint one as President.
2. In the event of this meeting failing to elect the candidates, I shall directly appoint the Interim President.
3. The Interim President will take the oath of office in my presence, and upon taking the oath of office, will be vested with all the powers and responsibilities of government hitherto entrusted to me.
4. The Interim President will form a Constituent Assembly, which within one year will finalise the new Constitution of Tibet, after studying the draft proposals.
5. The Interim President will appoint an Election Commission. In accordance with the newly-adopted Constitution, the Election Commission will conduct the election of members of the Tibetan legislative bodies, as well as the President and the Prime Minister.
6. The entire process, from the date of the adoption of the Constitution to the election of legislative members and the President and the formation of the Government, should not exceed two years.
7. The Constituent Assembly of Tibet shall comprise not less than 250 representatives elected from cities, towns, regions, districts, etc.
8. The first task of the Constituent Assembly will be to establish the rules on the basis of which it will consider its proceedings.
9. The Constituent Assembly will be deemed to have ceased to exist as soon as the new Parliament is sworn in.
10. Likewise, the Interim President, and the Election Commission appointed by him, will relinquish their positions as soon as the new Assembly is sworn in. From then on, the business of a representative form of government will begin in accordance with the Constitution.
The preparation of comprehensive Draft Constitutions for several alternative models of democracy is underway at the moment. However, the Constituent Assembly, comprising of representatives from all regions of Tibet, will have a final say in deciding which form of constitution should be adopted.
Principal Features of the Constitution
Salient Features: The Constitution of Tibet shall be the supreme law and source of all political powers in Tibet.
Nature of Polity: The Tibetan polity should be founded on spiritual values and must uphold the interests of Tibet, its neighbouring countries and the world at large. Based on the principles of ahimsa, and aimed at making Tibet a zone of peace, it should uphold the ideals of freedom, social welfare, democracy, co-operation and environmental protection.
Fundamental Principles of the Government: The Tibetan Government shall observe and adhere to the United Nations Universal Declaration of Human Rights, and promote the moral and material welfare of its citizens. Renunciation of Violence and Use of Military Force: Tibet shall be a zone of peace based upon the principles of non-violence, compassion and protection of the natural environment. Tibet will be non-aligned in the international communities and will not resort to war for any reason.
Fundamental Rights: All Tibetan citizens shall be equal before the law. They are entitled to equal rights without discrimination on grounds of sex, race, language, religion, social origin, etc.
Other Fundamental Rights: All Tibetan citizens shall have the right to life, liberty, property and the right to freedom of speech and expression, to form associations, to publish and disseminate information and ideas, and the right to be gainfully employed, whether in the government or any institution or department under its authority.
Right to Vote and Hold Public Office: All citizens of Tibet, men or women, shall have the right to hold public office and to vote in accordance with the law.
Ownership of Land: For the benefit of the people and for their habitation, the lands within the territory of Tibet shall be distributed according to the nature of the land. Lands not privately owned will remain with the state.
The Economic System: Avoiding the two extremes of capitalism and socialism, Tibet will formulate a special economic system to suit its own needs.
Education and Culture: Since education is instrumental in the development of good human beings and ensuring social progress, special attention will be paid to formulate a sound educational policy. All assistance will be given to schools, universities, and institutes for science and technology and other professional training.
Public Health: A public health care system shall be established in order to provide adequate medical and health care facilities to the people.
Legislative Power: The legislative power of the Tibetan Government shall be vested in the two chambers, namely the House of Regions and the House of People. Bills passed by them must receive [the] President's assent before becoming law. The House of People will be the highest law-making body. It shall consist of representatives directly elected by the citizens from all constituencies, which will be demarcated in accordance with population distribution. The House of Regions will consist of members elected by the Assemblies at regional level. A limited number of members (the number to be specified in the Constitution) in this House will be nominated by the President.
Executive Power: The executive power of the Government, under the parliamentary system, will rest with the Prime Minister and the Council of Ministers formed by the Prime Minister. The Prime Minister must be from a party or other group constituting a majority of members present in the House of People. Failing this, the entire members of the House of People will elect the Prime Minister.
Judicial Power: For the purpose of interpreting and upholding the Constitution, as well as for ensuring impartial adjudication of cases involving the state or individuals, there shall be a judicial organ which is independent of the other two organs, legislative and executive, of the Government. There shall be a Supreme Court, which is the highest judicial and appellate court of justice.
Regions: The Tibetan National Assembly shall decide on the demarcation of Tibet's Regions after taking into account the regional economic, geographical, demographic and transport and communications features. In each Region, there should be an Assembly consisting of members elected by the people of the particular Region. This Assembly will be the regional legislative organ.
Also, every Region will have a Governor appointed by the President, and a Cabinet headed by a chief Regional Minister, who in turn is elected by the Regional Assembly. All the judicial power in the Region shall be vested in a regional High Court.
In view of the local needs, the Regional Assemblies can pass laws and regulations affecting their respective Regions. Except for some very important matters, the Regional Assemblies will have the authority to make decisions governing their respective areas of jurisdiction.
This is an example of one model of parliamentary system. There are other models of parliamentary or non-parliamentary democracies. A Draft Constitution based on each of these models is being prepared in consultation with legal experts so that the future Constituent Assembly can choose the one that is seen to be most suitable to Tibet. It is not for me to make this decision.
Conclusion
Future Tibet shall be a peace-loving nation, adhering to the principle of ahimsa. It shall have a democratic system of government committed to preserving a clean, healthy and beautiful environment. Tibet shall be a completely demilitarised nation.
Although technological advancement has brought material prosperity to much of today's world, it has also resulted in the loss of respect for human beings. Human beings have also lost much of their freedom, so much so that they have become the slaves of machines. While a privileged few live in an island of plenty, the vast majority have to go without even the most basic necessities of life.
In order to prevent this kind of economic disparity, a more preferable economic course needs to be charted for future free Tibet. Although we will go for a free economy, our economic policy will be aimed at serving the interest of the nation and general masses. We will make efforts to ensure that all the citizens are able to get the basic necessities of life.
In our international policy, Tibet will not align itself with the policy and ideology of any other nation. It will remain neutral in the true sense of the word. Tibet will maintain harmonious relations with its neighbours, based on an equal footing and for mutual benefit. It will renounce hostility and promote friendly relations with all nations. I hope all sincere and right-thinking Tibetans will strive with a sense of pride and joy to attain the goals I have stated in the foregoing lines.
The Dalai Lama





