FINAL DRAFT
PREAMBLE
From the time
of its founding, commonly placed in the early 2nd Century BC, Tibet has
existed as a sovereign nation for almost its entire history. When the
Great Fifth Dalai Lama assumed the supreme spiritual and temporal
leadership of Tibet in 1642, the Gaden Phodrang government he
established became the legitimate government of the whole Tibetan
people in the three regions of Tibet. Since then successive Dalai Lamas
maintained the spiritual and temporal leadership of Tibet in this
manner.His Holiness the Fourteenth Dalai Lama assumed the
political leadership of Tibet, thus becoming both its spiritual and
temporal leader, in 1950. The People’s Republic of China invaded Tibet
and coerced its government into signing the 17-Point Agreement in 1951,
in which the Gaden Podrang government was designated as the “Local
Government of Tibet.” However, its legitimacy as the government of
Tibet was maintained and under the terms of the said Agreement the
established status, functions and powers of the Dalai Lama were
guaranteed to remain unaltered.When the People’s Republic of
China’s authorities in Tibet violated the Agreement and resorted to the
use of brute violence and repression against Tibetans, His Holiness the
Dalai Lama and the Kashag (council of ministers) were compelled to
escape from Tibet into exile. Immediately upon arriving in India, His
Holiness the Dalai Lama repudiated the 17 Point Agreement on 18 April
1959. Whereas the Tibetan people recognise and look to His
Holiness the Dalai Lama and his Kashag as their legitimate government
regardless of where it may be, His Holiness established the new seat of
the central Tibetan administration in India to safeguard, represent and
pursue the interests of the Tibetan nation and its people without
interruption. Soon thereafter, His Holiness the Dalai Lama
acted upon his long cherished desire to democratise the Tibetan
governance system and institutions, and in 1960 created the Commission
of Tibetan People’s Deputies as the elected representative assembly of
the people. The Eleventh Assembly of Tibetan People’s Deputies adopted
the Charter of Tibetans in Exile, ratified by His Holiness the Dalai
Lama on 28 June 1991, to be the constitutional law governing the
Central Tibetan Administration in conformity with modern norms of
democracy.The Charter provided that the successive Dalai Lamas
shall exercise their responsibilities as head of the Tibetan nation and
as chief executive of the Tibetan administration. To complete the
democratisation process and ensure that the future of the Tibetan
people not be unduly dependent on one individual, and in full
consideration of the challenges and goals before the Tibetan people,
His Holiness the Dalai Lama on 14 March 2011 formally announced to the
Assembly of Tibetan People’s Deputies his intention to transfer all his
administrative and political powers and responsibilities to the elected
leaders of the Central Tibetan Administration. In deference to
His Holiness the Dalai Lama’s irrevocable decision to relinquish his
administrative and political roles and in the face of His Holiness’
rejection of pleas to reconsider that decision, the Fourteenth Assembly
of Tibetan People’s Deputies, in its additional session, adopted
necessary amendments to the Charter to give effect to His Holiness’
directive to appropriately amend the Charter while safeguarding the
continuity of the Central Tibetan Administration as the legitimate
governing body and representative of the whole Tibetan people, in whom
sovereignty resides. By the act of ratification of the said
amendments on [29 May 2011] in accordance with the present Chapter 11
of the Charter, His Holiness the Dalai Lama fully vests the Central
Tibetan Administration and in particular its democratic leadership
organs with the powers and responsibilities formerly held jointly by
His Holiness the Dalai Lama and the Central Tibetan Administration to
represent and serve the whole people of Tibet. The thus amended Charter, ratified by His Holiness the Dalai Lama, enters into force on this [29th day of May] 2011. ARTICLE 1: PROTECTOR AND SYMBOL OF THE NATION His
Holiness the Fourteenth Dalai Lama, human manifestation of
Avaloketeshvara, is the guardian and protector of the Tibetan nation.
He is the guide illuminating the path, the supreme leader, the symbol
of the Tibetan identity and unity, and the voice of the whole Tibetan
people. His authority is derived from centuries old history and
heritage and, above all, from the will of the people in whom
sovereignty is vested and therefore comprises the following inherent
rights and responsibilities:1. To provide advice and
encouragement with respect to the protection and promotion of the
physical, spiritual, ethical and cultural wellbeing of the Tibetan
people, to remain engaged in the efforts to reach a satisfactory
solution to the question of Tibet and to accomplish the cherished goals
of the Tibetan people;2. To provide guidance in various forms
to the Assembly of Tibetan People’s Deputies and Kashag in matters of
importance to the Tibetan people, including the community and its
institutions in exile, at His Holiness’ own initiative or at the
request of those bodies;3. To meet with world leaders and other
important individuals and bodies to speak on behalf of the Tibetan
people, to explain and discuss their concerns and needs as well as to
appoint representatives and envoys to serve the interests of the
Tibetan people in any part of the world.
