The Middle-Way Approach: A Framework for Resolving the Issue of Tibet - The Official Website of the Central Tibetan Administration

The Middle-Way Approach is proposed by His Holiness the Dalai Lama to peacefully resolve the issue of Tibet and to bring about stability and co-existence between the Tibetan and Chinese peoples based on equality and mutual co-operation. It is also a policy adopted democratically by the Central Tibetan Administration and the Tibetan people through a series of discussions held over a long time. This brief introduction to the Middle-Way policy and its history is intended for the Tibetan people inside and outside Tibet-and all those interested-to have a better understanding of the issues involved.

The Tibetan people do not accept the present status of Tibet under the People's Republic of China. At the same time, they do not seek independence for Tibet, which is a historical fact. Treading a middle path in between these two lies the policy and means to achieve a genuine autonomy for all Tibetans living in the three traditional provinces of Tibet within the framework of the People's Republic of China. This is called the Middle-Way Approach, a non-partisan and moderate position that safeguards the vital interests of all concerned parties-for Tibetans: the protection and preservation of their culture, religion and national identity; for the Chinese: the security and territorial integrity of the motherland; and for neighbours and other third parties: peaceful borders and international relations.

Although the 17-Point Agreement between the Tibetan government and the People's Republic of China was not reached on an equal footing or through mutual consent, His Holiness the Dalai Lama-for the sake of the mutual benefit of the Tibetan and Chinese peoples-made all possible efforts to achieve a peaceful settlement with the Chinese government for eight years since 1951. Even after His Holiness the Dalai Lama and the Kashag arrived in the Lokha region from Lhasa in 1959, he continued his efforts to achieve a negotiated settlement with the Chinese military officials. His attempts to abide by the terms of the 17-Point Agreement are analogous to the Middle-Way Approach. Unfortunately, the Chinese army unleashed a harsh military crackdown in Lhasa, Tibet's capital, and this convinced His Holiness the Dalai Lama that his hope for co-existence with the Chinese government was no longer possible. Under the circumstances, he had no other option but to seek refuge in India and work in exile for the freedom and happiness of all the Tibetan people.

Soon after his arrival in Tezpur, India, His Holiness the Dalai Lama issued a statement on 18 April 1959, explaining that the 17-Point Agreement was signed under duress and that the Chinese government had deliberately violated the terms of the Agreement. Thus from that day onwards, he declared that the agreement would be considered null and void, and he would strive for the restoration of Tibet's independence. Since then until 1979, the Central Tibetan Administration and the Tibetan people adopted a policy of seeking independence for Tibet. However, the world in general has become increasingly interdependent politically, militarily and economically. Consequently, great changes have been taking place in the independent status of countries and nationalities. In China also, changes will certainly take place and a time will come for both sides to engage in actual negotiations. Therefore, His Holiness the Dalai Lama has believed for a long time that in order to resolve the Tibetan issue through negotiations, it is more beneficial to change the policy of restoring Tibetan independence to an approach that offers mutual benefits to China as well as to Tibet.

Although this approach occurred to His Holiness the Dalai Lama a long time ago, he did not decide it arbitrarily or thrust it upon others. Since the early 1970s, he held a series of discussions on this issue with, and solicited suggestions from, the Chairperson and Vice-Chairperson of the Assembly of Tibetan People's Deputies, the Kashag and many scholarly and experienced people. Particularly in 1979, the late Chinese paramount leader, Deng Xiaoping's proposal to His Holiness the Dalai Lama that "except independence, all other issues can be resolved through negotiations", was very much in agreement with His Holiness the Dalai Lama's long-held belief of finding a mutually-beneficial solution. Immediately, His Holiness the Dalai Lama gave a favourable response by agreeing to undertake negotiations and decided to change the policy of restoring Tibet's independence to that of the Middle-Way Approach. This decision was again taken after a due process of consultations with the then Assembly of Tibetan People's Deputies, the Kashag and many scholarly and experienced people. Therefore, this Approach is not something that has emerged all of a sudden; it has a definite history of evolution.

Since the decision to pursue the Middle-Way Approach, and before His Holiness the Dalai Lama issued a statement in the European parliament in Strasbourg on 15 June 1988-which formed the basis of our negotiations as to what kind of autonomy was needed by the Tibetan people-a four-day special conference was organised in Dharamsala from 6 June 1988. This conference was attended by the members of the Assembly of Tibetan People's Deputies and the Kashag, public servants, all the Tibetan settlement officers and the members of the local Tibetan Assemblies, representatives from the Tibetan NGOs, newly-arrived Tibetans and special invitees. They held extensive discussions on the text of the proposal and finally endorsed it unanimously.

Since the Chinese government did not respond positively to the proposal, His Holiness the Dalai Lama again proposed in 1996 and 1997 that the Tibetan people should decide on the best possible way of realizing the cause of Tibet through a referendum. Accordingly, a preliminary opinion poll was conducted in which more than 64% of the total opinion letters received expressed that there was no need to hold a referendum, and that they would support the Middle-Way Approach, or whatever decisions His Holiness the Dalai Lama takes from time to time, in accordance with the changing political situation in China and the world at large. To this effect, the Assembly of Tibetan People's Deputies adopted a unanimous resolution (see Appendix 1) on 18 September 1997 and informed His Holiness the Dalai Lama. Responding to this, His Holiness the Dalai Lama said in his 10 March statement of 1998: "...Last year, we conducted an opinion poll of the Tibetans in exile and collected suggestions from Tibet wherever possible on the proposed referendum, by which the Tibetan people were to determine the future course of our freedom struggle to their full satisfaction. Based on the outcome of this poll and suggestions from Tibet, the Assembly of Tibetan People's Deputies, our parliament in exile, passed a resolution empowering me to continue to use my discretion on the matter without seeking recourse to a referendum. I wish to thank the people of Tibet for the tremendous trust, confidence and hope they place in me. I continue to believe that my "Middle-Way Approach" is the most realistic and pragmatic course to resolve the issue of Tibet peacefully. This approach meets the vital needs of the Tibetan people while ensuring the unity and stability of the People's Republic of China. I will, therefore, continue to pursue this course of approach with full commitment and make earnest efforts to reach out to the Chinese leadership..." This policy was, hence, adopted taking into account the opinion of the Tibetan people and a unanimous resolution passed by the Assembly of Tibetan People's Deputies.

F. Memorandum On Genuine Autonomy For The Tibetan People

(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 the envoys of His Holiness the Dalai Lama 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, 2008 in Beijing.)

Memorandum On Genuine Autonomy For The Tibetan People

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.

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.

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.

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.

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.

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.

This Note addresses the principal concerns and objections raised by the Chinese Central Government regarding the substance of the Memorandum on Genuine Autonomy for the Tibetan People (hereinafter ‘the Memorandum’) which was presented to the Government of the People’s Republic of China (PRC) on October 31, 2008 at the eighth round of talks in Beijing.

Having carefully studied the responses and reactions of Minister Du Qinglin and Executive Vice-Minister Zhu Weiqun conveyed during the talks, including the written Note, and in statements made by the Chinese Central Government following the talks, it seems that some issues raised in the Memorandum may have been misunderstood, while others appear to have not been understood by the Chinese Central Government.

The Chinese Central Government maintains that the Memorandum contravenes the Constitution of the PRC as well as the ‘three adherences’[1]. The Tibetan side believes that the Tibetan people’s needs, as set out in the Memorandum, can be met within the framework and spirit of the Constitution and its principles on autonomy and that these proposals do not contravene or conflict with the ‘three adherences’. We believe that the present Note will help to clarify this.

His Holiness the Dalai Lama started internal discussions, as early as in 1974, to find ways to resolve the future status of Tibet through an autonomy arrangement instead of seeking independence. In 1979 Chinese leader Deng Xiaoping expressed willingness to discuss and resolve all issues except the independence of Tibet. Since then His Holiness the Dalai Lama has taken numerous initiatives to bring about a mutually acceptable negotiated solution to the question of Tibet. In doing so His Holiness the Dalai Lama has steadfastly followed the Middle-Way approach, which means the pursuit of a mutually acceptable and mutually beneficial solution through negotiations, in the spirit of reconciliation and compromise. The Five-Point Peace Plan and the Strasbourg Proposal were presented in this spirit. With the failure to elicit any positive response from the Chinese Central Government to these initiatives, along with the imposition of martial law in March 1989 and the deterioration of the situation in Tibet, His Holiness the Dalai Lama felt compelled to state in 1991 that his Strasbourg Proposal had become ineffectual. His Holiness the Dalai Lama nevertheless maintained his commitment to the Middle-Way approach.

The re-establishment of a dialogue process between the Chinese Central Government and representatives of His Holiness the Dalai Lama in 2002 provided the opportunity for each side to explain their positions and to gain a better understanding of the concerns, needs and interests of the other side. Moreover, taking into consideration the Chinese Central Government’s real concerns, needs and interests, His Holiness the Dalai Lama has given much thought with due consideration to the reality of the situation. This reflects His Holiness the Dalai Lama’s flexibility, openness and pragmatism and, above all, sincerity and determination to seek a mutually beneficial solution.

The Memorandum on Genuine Autonomy for the Tibetan People was prepared in response to the suggestion from the Chinese Central Government made at the seventh round of talks in July 2008. However, the Chinese Central Government’s reactions and main criticisms of the Memorandum appear to be based not on the merits of that proposal which was officially presented to it, but on earlier proposals that were made public as well as other statements made at different times and contexts.

The Memorandum and the present Note strongly reemphasise that His Holiness the Dalai Lama is not seeking independence or separation but a solution within the framework of the Constitution and its principles on autonomy as reiterated many times in the past.

The Special General Meeting of the Tibetans in Diaspora held in November 2008 in Dharamsala reconfirmed for the time being the mandate for the continuation of the dialogue process with the PRC on the basis of the Middle-Way approach. On their part, members of the international community urged both sides to return to the talks. A number of them expressed the opinion that the Memorandum can form a good basis for discussion.

His Holiness the Dalai Lama has repeatedly stated that he is not seeking separation of Tibet from the People’s Republic of China, and that he is not seeking independence for Tibet. He seeks a sustainable solution within the PRC. This position is stated unambiguously in the Memorandum.

The Memorandum calls for the exercise of genuine autonomy, not for independence, ‘semi-independence’ or ‘independence in disguised form’. The substance of the Memorandum, which explains what is meant by genuine autonomy, makes this unambiguously clear. The form and degree of autonomy proposed in the Memorandum is consistent with the principles on autonomy in the Constitution of the PRC. Autonomous regions in different parts of the world exercise the kind of self-governance that is proposed in the Memorandum, without thereby challenging or threatening the sovereignty and unity of the state of which they are a part. This is true of autonomous regions within unitary states as well as those with federal characteristics. Observers of the situation, including unbiased political leaders and scholars in the international community, have also acknowledged that the Memorandum is a call for autonomy within the PRC and not for independence or separation from the PRC.

The Chinese government's viewpoint on the history of Tibet is different from that held by Tibetans and His Holiness the Dalai Lama is fully aware that Tibetans cannot agree to it. History is a past event and it cannot be altered. However, His Holiness the Dalai Lama’s position is forward-looking, not backward grasping. He does not wish to make this difference on history to be an obstacle in seeking a mutually beneficial common future within the PRC.

The Chinese Central Government’s responses to the Memorandum reveal a persistent suspicion on its part that His Holiness’ proposals are tactical initiatives to advance the hidden agenda of independence. His Holiness the Dalai Lama is aware of the PRC’s concerns and sensitivities with regard to the legitimacy of the present situation in Tibet. For this reason His Holiness the Dalai Lama has conveyed through his Envoys and publicly stated that he stands ready to lend his moral authority to endow an autonomy agreement, once reached, with the legitimacy it will need to gain the support of the people and to be properly implemented.

The Memorandum explicitly states that the genuine autonomy sought by His Holiness the Dalai Lama for the Tibetan people is to be accommodated within the framework of the Constitution and its principles on autonomy, not outside of it.

The fundamental principle underlying the concept of national regional autonomy is to preserve and protect a minority nationality’s identity, language, custom, tradition and culture in a multi-national state based on equality and cooperation. The Constitution provides for the establishment of organs of self-government where the national minorities live in concentrated communities in order for them to exercise the power of autonomy. In conformity with this principle, the White Paper on Regional Ethnic Autonomy in Tibet (May 2004), states that minority nationalities are “arbiters of their own destiny and masters of their own affairs”.

Within the parameters of its underlying principles, a Constitution needs to be responsive to the needs of the times and adapt to new or changed circumstances. The leaders of the PRC have demonstrated the flexibility of the Constitution of the PRC in their interpretation and implementation of it, and have also enacted modifications and amendments in response to changing circumstances. If applied to the Tibetan situation, such flexibility would, as is stated in the Memorandum, indeed permit the accommodation of the Tibetan needs within the framework of the Constitution and its principles on autonomy.

The position of His Holiness the Dalai Lama, as presented in the Memorandum, in no way challenges or brings into question the leadership of the Chinese Communist Party in the PRC. At the same time, it is reasonable to expect that, in order to promote unity, stability and a harmonious society, the Party would change its attitude of treating Tibetan culture, religion and identity as a threat.

The Memorandum also does not challenge the socialist system of the PRC. Nothing in it suggests a demand for a change to this system or for its exclusion from Tibetan areas. As for His Holiness the Dalai Lama’s views on socialism, it is well known that he has always favoured a socialist economy and ideology that promotes equality and benefits to uplift the poorer sections of society.

His Holiness the Dalai Lama’s call for genuine autonomy within the PRC recognises the principles on autonomy for minority nationalities contained in the Constitution of the PRC and is in line with the declared intent of those principles. As pointed out in the Memorandum, the current implementation of the provisions on autonomy, however, effectively results in the denial of genuine autonomy to the Tibetan and fails to provide for the exercise of the right of Tibetans to govern themselves and to be “masters of their own affairs.” Today, important decisions pertaining to the welfare of Tibetans are not being made by Tibetans. Implementing the proposed genuine autonomy explained in the Memorandum would ensure for the Tibetans the ability to exercise the right to true autonomy and therefore to become masters of their own affairs, in line with the Constitutional principles on autonomy.

Thus, the Memorandum for genuine autonomy does not oppose the ‘three adherences’.

The proposals contained in the Memorandum in no way imply a denial of the authority of the National People’s Congress (NPC) and other organs of the Chinese Central Government. As stated in the Memorandum, the proposal fully respects the hierarchical differences between the Central Government and its organs, including the NPC, and the autonomous government of Tibet.

Any form of genuine autonomy entails a division and allocation of powers and responsibilities, including that of making laws and regulations, between the central and the autonomous local government. Of course, the power to adopt laws and regulations is limited to the areas of competency of the autonomous region. This is true in unitary states as well as in federal systems.

This principle is also recognised in the Constitution. The spirit of the Constitutional provisions on autonomy is to give autonomous regions broader decision-making authority over and above that enjoyed by ordinary provinces. But today, the requirement for prior approval by the Standing Committee of the NPC for all laws and regulations of the autonomous regions (Art. 116 of the Constitution) is exercised in a way that in fact leaves the autonomous regions with much less authority to make decisions that suit local conditions than that of the ordinary (not autonomous) provinces of China.

Whenever there is a division and allocation of decision-making power between different levels of government (between the Central Government and the autonomous government), it is important to have processes in place for consultation and cooperation. This helps to improve mutual understanding and to ensure that contradictions and possible inconsistencies in policies, laws and regulations are minimised. It also reduces the chances of disputes arising regarding the exercise of the powers allocated to these different organs of government. Such processes and mechanisms do not put the Central and autonomous governments on equal footing, nor do they imply the rejection of the leadership of the Central Government.

The important feature of entrenchment of autonomy arrangements in the Constitution or in other appropriate ways also does not imply equality of status between the central and local government nor does it restrict or weaken the authority of the former. The measure is intended to provide (legal) security to both the autonomous and the central authorities that neither can unilaterally change the basic features of the autonomy they have set up, and that a process of consultation must take place at least for fundamental changes to be enacted.

5. Concerns raised by the Chinese Central Government on specific competencies referred to in the Memorandum

Concern was raised over the inclusion of public security aspects in the package of competencies allocated to the autonomous region in the Memorandum because the government apparently interpreted this to mean defence matters. National defence and public security are two different matters. His Holiness the Dalai Lama is clear on the point that the responsibility for national defence of the PRC is and should remain with the Central Government. This is not a competency to be exercised by the autonomous region. This is indeed the case in most autonomy arrangements. The Memorandum in fact refers specifically to “internal public order and security,” and makes the important point that the majority of the security personnel should be Tibetans, because they understand the local customs and traditions. It also helps to curb local incidents leading to disharmony among the nationalities. The Memorandum in this respect is consistent with the principle enunciated in Article 120 of the Constitution (reflected also in Article 24 of the LRNA), which states:

“The organs of self-government of the national autonomous areas may, in accordance with the military system of the state and practical local needs and with approval of the State Council, organise local public security forces for the maintenance of public order.”

It should also be emphasised in this context that the Memorandum at no point proposes the withdrawal of People’s Liberation Army (PLA) from Tibetan areas.

The protection, use, and development of the Tibetan language are one of the crucial issues for the exercise of genuine autonomy by Tibetans. The emphasis on the need to respect Tibetan as the main or principal language in the Tibetan areas is not controversial, since a similar position is expressed in the Chinese Central Government’s White Paper on Regional Ethnic Autonomy in Tibet, where it is stated that regulations adopted by the Tibet regional government prescribe that “equal attention be given to Tibetan and Han-Chinese languages in the Tibetan Autonomous region, with the Tibetan language as the major one...” (emphasis added). Moreover, the very usage of “main language” in the Memorandum clearly implies the use of other languages, too.

The absence of a demand in the Memorandum that Chinese should also be used and taught should not be interpreted as an “exclusion” of this language, which is the principal and common language in the PRC as a whole. It should also be noted in this context that the leadership in exile has taken steps to encourage Tibetans in exile to learn Chinese.

Tibetan proposal which emphasises the study of the Tibetan people’s own language should therefore not be interpreted as being a “separatist view”.

The Memorandum proposes that the local government of the autonomous region should have the competency to regulate the residence, settlement and employment or economic activities of persons who wish to move to Tibetan areas from elsewhere. This is a common feature of autonomy and is certainly not without precedent in the PRC.

A number of countries have instituted systems or adopted laws to protect vulnerable regions or indigenous and minority peoples from excessive immigration from other parts of the country. The Memorandum explicitly states that it is not suggesting the expulsion of non-Tibetans who have lived in Tibetan areas for years. His Holiness the Dalai Lama and the Kashag also made this clear in earlier statements, as did the Envoys in their discussions with their Chinese counterparts. In an address to the European Parliament on December 4, 2008, His Holiness the Dalai Lama reiterated that “our intention is not to expel non-Tibetans. Our concern is the induced mass movement of primarily Han, but also some other nationalities, into many Tibetan areas, which in turn marginalises the native Tibetan population and threatens Tibet’s fragile environment.” From this it is clear that His Holiness is not at all suggesting that Tibet be inhabited by only Tibetans, with other nationalities not being able to do so. The issue concerns the appropriate division of powers regarding the regulation of transient, seasonal workers and new settlers so as to protect the vulnerable population indigenous to Tibetan areas.

In responding to the Memorandum the Chinese Central Government rejected the proposition that the autonomous authorities would regulate the entrance and economic activities of persons from other parts of the PRC in part because “in the Constitution and the Law on Regional National Autonomy there are no provisions to restrict transient population.” In fact, the Law on Regional National Autonomy, in its Article 43, explicitly mandates such a regulation:

“In accordance with legal stipulations, the organs of self-government of national autonomous areas shall work out measures for control of the transient population.”

Thus, the Tibetan proposal contained in the Memorandum in this regard is not incompatible with the Constitution.

The point made in the Memorandum, that Tibetans be free to practice their religion according to their own beliefs, is entirely consistent with the principles of religious freedom contained in the Constitution of the PRC. It is also consistent with the principle of separation of religion and polity adopted in many countries of the world.

Article 36 of the Constitution guarantees that no one can “compel citizens to believe in, or not to believe in any religion.” We endorse this principle but observe that today the government authorities do interfere in important ways in the ability of Tibetans to practice their religion.

The spiritual relationship between master and student and the giving of religious teachings, etc. are essential components of the Dharma practice. Restricting these is a violation of religious freedom. Similarly, the interference and direct involvement by the state and its institutions in matters of recognition of reincarnated lamas, as provided in the regulation on the management of reincarnated lamas adopted by the State on July 18, 2007 is a grave violation of the freedom of religious belief enshrined in the Constitution.

The practice of religion is widespread and fundamental to the Tibetan people. Rather than seeing Buddhist practice as a threat, concerned authorities should respect it. Traditionally or historically Buddhism has always been a major unifying and positive factor between the Tibetan and Chinese peoples.

The desire of Tibetans to be governed within one autonomous region is fully in keeping with the principles on autonomy of the Constitution. The rationale for the need to respect the integrity of the Tibetan nationality is clearly stated in the Memorandum and does not mean “Greater or Smaller Tibet”. In fact, as pointed out in the Memorandum, the Law on Regional National Autonomy itself allows for this kind of modification of administrative boundaries if proper procedures are followed. Thus the proposal in no way violates the Constitution.

As the Envoys pointed out in earlier rounds of talks, many Chinese leaders, including Premier Zhou Enlai, Vice Premier Chen Yi and Party Secretary Hu Yaobang, supported the consideration of bringing all Tibetan areas under a single administration. Some of the most senior Tibetan leaders in the PRC, including the 10^th Panchen Lama, Ngapo Ngawang Jigme and Bapa Phuntsok Wangyal have also called for this and affirming that doing so would be in accordance with the PRC’s Constitution and its laws. In 1956 a special committee, which included senior Communist Party member Sangye Yeshi (Tian Bao), was appointed by the Chinese Central Government to make a detailed plan for the integration of the Tibetan areas into a single autonomous region, but the work was later stopped on account of ultra-leftist elements.

The fundamental reason for the need to integrate the Tibetan areas under one administrative region is to address the deeply-felt desire of Tibetans to exercise their autonomy as a people and to protect and develop their culture and spiritual values in this context. This is also the fundamental premise and purpose of the Constitutional principles on regional national autonomy as reflected in Article 4 of the Constitution. Tibetans are concerned about the integrity of the Tibetan nationality, which the proposal respects and which the continuation of the present system does not. Their common historical heritage, spiritual and cultural identity, language and even their particular affinity to the unique Tibetan plateau environment is what binds Tibetans as one nationality. Within the PRC, Tibetans are recognized as one nationality and not several nationalities. Those Tibetans presently living in Tibet autonomous prefectures and counties incorporated into other provinces also belong to the same Tibetan nationality. Tibetans, including His Holiness the Dalai Lama, are primarily concerned about the protection and development of Tibetan culture, spiritual values, national identity and the environment. Tibetans are not asking for the expansion of Tibetan autonomous areas. They are only demanding that those areas already recognised as Tibetan autonomous areas come under a single administration, as is the case in the other autonomous regions of the PRC. So long as Tibetans do not have the opportunity to govern themselves under a single administration, preservation of Tibetan culture and way of life cannot be done effectively. Today more than half of the Tibetan population is subjected to the priorities and interests first and foremost of different provincial governments in which they have no significant role.

As explained in the Memorandum, the Tibetan people can only genuinely exercise regional national autonomy if they can have their own autonomous government, people’s congress and other organs of self-government with jurisdiction over the Tibetan nationality as a whole. This principle is reflected in the Constitution, which recognises the right of minority nationalities to practice regional autonomy “in areas where they live in concentrated communities” and to “set up organs of self-government for the exercise of the power of autonomy,” (Article 4). If the “state’s full respect for and guarantee of the right of the minority nationalities to administer their internal affairs” solemnly declared in the preamble of the Law on Regional National Autonomy is interpreted not to include the right to choose to form an autonomous region that encompasses the whole people in the contiguous areas where its members live in concentrated communities, the Constitutional principles on autonomy are themselves undermined.

Keeping Tibetans divided and subject to different laws and regulations denies the people the exercise of genuine autonomy and makes it difficult for them to maintain their distinct cultural identity. It is not impossible for the Central Government to make the necessary administrative adjustment when elsewhere in the PRC, notably in the case of Inner Mongolia, Ningxia and Guangxi Autonomous Regions, it has done just that.

His Holiness the Dalai Lama has repeatedly and consistently stated that no one, least of all he, has any intention to restore the old political, social and economic system that existed in Tibet prior to 1959. It would be the intention of a future autonomous Tibet to further improve the social, economic and political situation of Tibetans, not to return to the past. It is disturbing and puzzling that the Chinese government persists, despite all evidence to the contrary, to accuse His Holiness the Dalai Lama and his Administration of the intention to restore the old system.

All countries and societies in the world, including China, have had political systems in the past that would be entirely unacceptable today. The old Tibetan system is no exception. The world has evolved socially and politically and has made enormous strides in terms of the recognition of human rights and standards of living. Tibetans in exile have developed their own modern democratic system as well as education and health systems and institutions. In this way, Tibetans have become citizens of the world at par with those of other countries. It is obvious that Tibetans in the PRC have also advanced under Chinese rule and improved their social, education, health and economic situation. However, the standard of living of the Tibetan people remains the most backward in the PRC and Tibetan human rights are not being respected.

His Holiness the Dalai Lama and other members of the exiled leadership have no personal demands to make. His Holiness the Dalai Lama’s concern is with the rights and welfare of the Tibetan people. Therefore, the fundamental issue that needs to be resolved is the faithful implementation of genuine autonomy that will enable the Tibetan people to govern themselves in accordance with their own genius and needs.

His Holiness the Dalai Lama speaks on behalf of the Tibetan people, with whom he has a deep and historical relationship and one based on full trust. In fact, on no issue are Tibetans as completely in agreement as on their demand for the return of His Holiness the Dalai Lama to Tibet. It cannot be disputed that His Holiness the Dalai Lama legitimately represents the Tibetan people, and he is certainly viewed as their true representative and spokesperson by them. It is indeed only by means of dialogue with His Holiness the Dalai Lama that the Tibetan issue can be resolved. The recognition of this reality is important.

This emphasises the point, often made by His Holiness the Dalai Lama, that his engagement for the cause of Tibet is not for the purpose of claiming certain personal rights or political position for him, nor attempting to stake claims for the Tibetan administration in exile. Once an agreement is reached, the Tibetan Government-in-Exile will be dissolved and the Tibetans working in Tibet should carry on the main responsibility of administering Tibet. His Holiness the Dalai Lama made it clear on numerous occasions that he will not hold any political position in Tibet.

His Holiness the Dalai Lama has offered, and remains prepared, to formally issue a statement that would serve to allay the Chinese Central Government’s doubts and concerns as to his position and intentions on matters that have been identified above.

The formulation of the statement should be done after ample consultations between representatives of His Holiness the Dalai Lama and the Chinese Central Government, respectively, to ensure that such a statement would satisfy the fundamental needs of the Chinese Central Government as well as those of the Tibetan people.

It is important that both parties address any concern directly with their counterparts, and not use those issues as ways to block the dialogue process as has occurred in the past.

His Holiness the Dalai Lama is taking this initiative in the belief that it is possible to find common ground with the People's Republic of China consistent with the principles on autonomy contained in PRC's Constitution and with the interests of the Tibetan people. In that spirit, it is the expectation and hope of His Holiness the Dalai Lama that the representatives of the PRC will use the opportunity presented by the Memorandum and this Note to deepen discussion and make substantive progress in order to develop mutual understanding.

It is hoped that this brief introduction to the Middle-Way policy and its history, adopted by the Central Tibetan Administration and the Tibetan people, will receive due attention from all quarters and will help in better understanding this approach. We would like to take this opportunity to thank all the peoples of the world in general-and in particular the Tibetan leaders, officials and scholars in Tibet-who support and endorse the Middle-Way Approach.

-Issued by the Department of Information and
International Relations (DIIR), updated March 2010