A Model


CONSTITUTION
OF THE
TIBET AUTONOMOUS REGION
OF
THE PEOPLE'S REPUBLIC OF CHINA


(Excerpts, Articles 1 - 5)

 

Prepared by

Roger L. Plunk, Constitutional Adviser

 

At the request of

HIS HOLINESS, THE 14TH DALAI LAMA

February 25, 1994


PREAMBLE

His Holiness, the 14th Dalai Lama, in order to secure for the Tibetan People and their future generations, a Constitutional and Democratic form of Self-Government, founded upon the Pillars of Compassion and Reconciliation with the People's Republic of China; Dedicated to the Welfare of the People, the Preservation f their Culture, and the protection of their Rights; and Enshrined by the Eternal Ideals of Freedom, Equality, Love, Justice, Non-Violence, Compassion, and Truth, does hereby offer this Constitution to the Tibetan People.


CHAPTER 1

DIVISION OF POWERS BETWEEN
THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
AND
THE GOVERNMENT OF THE TIBET AUTONOMOUS REGION


Article 1

Fundamental Principles

  1. The Tibet Autonomous Region is a Self-governing Region of the People's Republic of China..
  2. The Tibet Autonomous Region is governed by a vertical balance of government powers consisting of the National Government of the People's Republic of China, and the Regional Government of the Tibet Autonomous Region.
  3. The Government of the People's Republic of China guarantees Self-government to the People of the Tibet Autonomous Region, as defined by this Constitution, to ensure that their initiative and enthusiasm is allowed to fulfill itself through effective and meaningful political participation.
  4. The Constitution of the People's Republic of China and this Constitution shall be construed to be in complete legal harmony.


Article 2

Powers of the National Government of
The People's Republic of China

  1. The National Government of the People's Republic of China shall have the power to establish laws and regulate:
      1. National and international commerce;
      2. Currency;
      3. National postal and telecommunications;
      4. National resources, such as rivers, that affect other areas of the People's Republic of China;
      5. National parks, reserves, sanctuaries established for the protection and preservation of land and wildlife;
      6. National highways and other forms of national transportation;
      7. National and international airports and airways;
      8. Political foreign relations;
      9. Immigration;
      10. National defense.
  2. The National Government may establish and enforce environmental laws more stringent than those environmental laws of the Tibet Autonomous Region.
  3. The National Government may establish and enforce Human Rights laws to bring the laws of the Tibet Autonomous Region in closer alignment with international standards.
  4. The National Government may establish and enforce laws for the protection of minorities and cultures that provide greater protection than the laws of the Tibet Autonomous Region.
  5. For a National Law to have force in the Tibet Autonomous Region, it must be within the authority provided for in this Article, and it must be enacted by the National People's Congress in accordance with the Constitution of the People's Republic of China.


Article 3

Powers of the Government of the Tibet Autonomous Region

  1. 1. All powers not explicitly given to the National Government of the People's Republic of China by this Treaty are reserved to the Government of the Tibet Autonomous Region. This power shall include, but not be limited to, the power to establish laws and regulate:
        1. Education;
        2. Social Welfare;
        3. Health Care;
        4. Human Rights;
        5. Minority Rights;
        6. Cultural Rights;
        7. Environmental Protection;
        8. Natural Resources;
        9. Taxation, except that taxes may not be imposed on imports or exports to other areas of the People's Republic of China or to foreign nations;
        10. Tourism;
        11. And commercial activity that affects the Tibet Autonomous Region.
  2. The Government of the Tibet Autonomous Region may appoint an expert to represent the interests of the Tibet Autonomous Region to any negotiating team and plenipotentiary of the People's Republic of China where such teams are negotiating any international agreement that may have a direct or incidental impact on the Tibet Autonomous Region.
  3. The Government of the Tibet Autonomous Region may engage in foreign relations regarding education, social welfare, health, culture, environment, science, sports, tourism, and other non-political areas.
    For these purposes, the Government of the Tibet Autonomous Region may enter into international agreements and join international organizations.

  4. The Government of the Tibet Autonomous Region may enter into agreements with India, Nepal, or Bhutan on issues of commerce and trade.

  5. The Government of the Tibet Autonomous Region may solicit and receive directly, foreign aid from states or any government or non-government organization.
  6. The Government of the Tibet Autonomous Region may exchange Representatives
    with India, Nepal, or Bhutan, who may maintain permanent offices.


CHAPTER 2

GUIDING PRINCIPLES


Article 4

Government Structure

  1. The Government of the Tibet Autonomous Region is a Constitutional Democracy.
  2. All Government authority and legitimacy is derived from the People, and is
    exercised on their behalf and for their welfare.
  3. The Constitution of the People's Republic of China, supplemented by the
    Constitution of the Tibet Autonomous Region, constitutes the Supreme Law of the Tibet Autonomous Region.
  4. The Tibet Autonomous Region is governed by the Rule of Law. No person or
    organization is above the Law.
  5. The Government of the Tibet Autonomous Region guarantees the exercise of
    power by local government authorities for the purpose of ensuring that the unique needs and aspirations of local people are met.
  6. The Government of the Tibet Autonomous Region, and all local government
    authorities, are structured in accordance with the principles of Separation of powers, and of Checks and Balances; and upon the direct involvement of the People through Elections.
  7. The Official Language of the Government of the Tibet Autonomous Region shall
    be Tibetan. Secondary official languages shall be Chinese and English.
  8. The basic Democratic structure of Government is not subject to constitutional
    amendment.


Article 5

Principles of Governance

  1. Compassion is the Supreme Guiding Light of the Government of the Tibet Autonomous Region. Compassion is the most noble virtue of a people and the greatest act of a Government.
  2. The Tibet Autonomous Region is a Sanctuary of Peace. The principle of non-violence is the cardinal principle of government and the foundation of a civil society.
  3. The Tibet Autonomous Region is a Sanctuary of Environmental Purity. It is the
    purpose of the Government to achieve and sustain an environment that is pollution free and pristine. Wild-lands and wildlife shall be protected and urban life and development shall be regulated to ensure a perfect balance between nature and society.
  4. The Tibet Autonomous Region is a Sanctuary of Religions and Spirituality.
    Freedom of religion is inviolable. Religious beliefs shall not be imposed on the People.
  5. The Tibet Autonomous Region is a Sanctuary of Culture and Tradition. The
    Government shall protect the Cultures and Traditions of the Indigenous Peoples and Minorities of Tibet.
  6. The Government of the Tibet Autonomous Region shall endeavor to maintain an
    economy that is self-sufficient, promotes spiritual and moral values, and is environmentally friendly.
  7. Human Rights are Inborn and Inviolable. They exist independently of any
    government or institution. Government is established by the People for the single purpose of ensuring that these Rights are fully protected and enjoyed.
  8. The enumeration of particular Rights in this Constitution shall not prevent
    Congress from expanding these Rights by law, nor shall it prevent the courts from construing Rights that are implicit in this Constitution but not explicitly expressed.