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Charter of Rights
The Charter of the Tibetans-in-Exile is the supreme law governing the functions of the Central Tibetan Administration. It was drafted by the Constitution Redrafting Committee, instituted by His Holiness The Dalai Lama in 1990. The draft of the Charter, containing 108 Articles, was widely circulated by the Committee in early 1991 to elicit feedback and suggestions. The Committee then drafted the final Charter, which was submitted to the Eleveth Tibetan Parliament-in-Exile.
The Eleventh Parliament deliberated on the Charter and passed it unanimously on 14 July 1991. The approval of the Dalai Lama had been received on 28 June 1991. The Charter thus became a mandate, duly approved by the elected representatives of the Tibetan-in exile as well as by their spiritual and temporal leader.
The Charter provides for a clear separation of power among the three organs of the government: Judiciary, Legislature and executive. Before the Charter came into being, the Central Tibetan Administration functioned roughly along the lines of the draft Democratic Constitution for Future Tibet, promulgated by His Holiness the Dalai lama on March 10,1963.
The Charter is a comprehensive working constitution. Modeled on similar documents in liberal democracies, it is nevertheless rooted in Tibetan values. The care and precision with which the rights and duties of the community-in-exile and the functions of its government are laid down constitute the principles of a working democratic system, guaranteeing individual rights and suited to the genius of Tibet.
Till the most recent session of the Twelfth Parliament, nine Amendments have been made to the charter, including the increase in the number of Kalons, from seven to eight.
The only contentious aspect of the Charter proved to be the provisions limiting the power of the Dalai Lama as desired by him. According to the Charter, the executive power of the Tibetan administration continues to vest in him, but it is to be exercised, "in accordance with the provisions of the Charter." The Deputies objected to the provisions for an elected three-man Council of Regency, which would be authorised to take over the administration in certain circumstances. The article stipulated that: "When the Tibetan Parliament, by more than two-thirds of its total members in consultation with the Tibetan Supreme Justice Commission, decides that, in the highest interest of the Tibetan Administration and the Tibetan people, it is imperative that the executive functions of His Holiness the Dalai Lama shall be exercised by the Council of Regency." In such a situation, the Council will be jointly elected by the Kashag and the Parliament.
At its summer session in 1992, the Parliament pressed for the withdrawal of this clause as well as of another authorising it to annual Ordinances promulgated by the Dalai Lama when the Parliament was not in session. But on this occasion, the Dalai Lama exercised his powers against himself and tuned down the Parliament's proposals.
His response merits attention: "The two clauses exist not as decorative pieces for the Charter, but to dive home the difference between a system which pays lip service to democracy while holding on firmly to power and one which is serious about implementing democracy."
The Charter lays down principles for every aspects of governance for the community-in-exile and serves as a model for free Tibet. It lays down Fundamental Principles, Rights and Duties, Directive Principles of the Tibetan Administration, and defines the functions of the Executive, Judiciary, Legislature, administration of Tibetan settlements, the Tibetan Election Commission, Public Service Commission and Tibetan Audit Commission.
Besides laying down procedures, the Charter is unique in defining the "Nature of Tibet's Polity." The Fundamental Principles state: "The future Tibetan Polity shall uphold the principle of non-violence and shall endeavour to be a free Social welfare State with its politics guided by the Dharma." Dharma is clearly referred to only as an ethical code. The Charter makes it clear that it does not promote any forms of state religion. All religious denominations are expressly assured equality before the law with the further assurance that there will be no discrimination on "grounds of birth, sex, race, religion, language, lay or ordained, social origin, rich or poor, elected position or other status." A long list of other rights confirms the Charter's liberal character.
The Charter does not ignore the homeland. The administration-in-exile is directed to "maintain a just policy for the achievement of the common goal of Tibet." It is also required to protect Tibetans in Tibet from hardships and danger. It is also directed to promote the well being of the exiles in the settlements and to pay particular attention to education- already one of the major achievements of the Tibetan community.
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