fonte: http://www.uni-wuerzburg.de/law/t100000_.html
Tibet - Constitution
{ Adopted by the Assembly
of Tibetan People's Deputies: 14 June 1991 }
{ Official Title: Charter
of the Tibetans In-Exile }
{ ICL Document Status:
14 June 1991 }
Chapter I Fundamental Principles
Article
1 Commencement
This Charter having been
passed by the Assembly of the Tibetan People's Deputies and assented to
by His Holiness the Dalai Lama shall come into force on the day appointed
by His Holiness the Dalai Lama.
Article
2 Jurisdiction
This Charter shall be binding
and enforceable to all Tibetans under the jurisdiction of the Tibetan Administration
in-Exile.
Article
3 Nature of the Tibetan Polity
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, a Federal
Democratic Republic; and the polity of the Tibetan Administration in-Exile
shall conform to the provisions herein after specified. No amendments to
this Charter shall be made except as specified in the Articles of Chapter
XI of this Charter.
Article
4 Principles of the Tibetan Administration
It shall be the duty of
the Tibetan Administration to adhere to the principles of the Universal
Declaration of Human Rights as specified by the United Nations, and to
also urge and encourage all other countries of the world to respect and
comply with such Declarations, and shall emphasize the promotion of the
moral and material well-being of the Tibetan people, the safeguarding of
their social, cultural, religious and political rights, and in particular,
the ultimate achievement of their common goal.
Article
5 Validity of the Charter
(1) Any existing law, ordinance,
regulation, administrative or executive order which is deemed repugnant
to any particular provision of this Charter shall be declared null and
void to the extent of its repugnancy.
(2) The Tibetan Supreme
Justice Commission shall be empowered to hear and decide the legality of
the matters specified above.
Article
6 Recognition of International and Local Law
All laws, ordinances, regulations,
administrative and executive orders of the Tibetan Administration in-exile
shall endeavor to conform to the generally accepted principles of international
law as specified by the United Nations, and in particular comply with the
local laws of the host countries.
Article
7 Renunciation of Violence and the Use of Force
Future Tibet shall remain
a zone of peace and shall strive to disengage itself in the production
of all destructive weapons, including Nuclear and Chemical; and, currently
refrain from the use of all offensive methods as a means to achieve the
common goal of Tibet, or for any other purpose.
Article
8 Citizen of Tibet
(1) All Tibetans born within
the territory of Tibet and those born in other countries shall be eligible
to be citizens of Tibet. Any person whose biological mother or biological
father is of Tibetan descent has the right to become a citizen of Tibet;
or
(2) any Tibetan refugee
who has had to adopt citizenship of another country under compelling circumstances
may retain Tibetan citizenship provided he or she fulfills the provisions
prescribed in Article 13 of this Charter; or
(3) any person, although
formally a citizen of another country, who has been legally married to
a Tibetan national for more than three years, who desires to become a citizen
of Tibet, may do so in accordance with the law passed by the Tibetan Assembly.
(4) The Tibetan Assembly
shall formulate laws of citizenship in order to enforce the above Articles.
Chapter II Fundamental Rights and Duties
Article
9 Equality before the Law
All Tibetan citizens shall
be equal before the law and shall enjoy the rights and freedoms set forth
in this Chapter without discrimination on grounds of birth, sex, race,
religion, language, lay or ordained, social origin, rich or poor, elected
position or other status.
Article
10 Religious Freedom
All religious denominations
are equal before the law. Every Tibetan shall have the right to freedom
of thought, conscience and religion. These religious rights include the
freedom to manifest one's belief, to receive initiation into religious
traditions, practice with matters relating to religious commitment, such
as preaching and worship of any religion, either alone or in community
with others.
Article
11 Right to Vote and Nomination of Candidates for the Assembly
Subject to any law depriving
the right to vote, all Tibetan citizens who have attained the age of eighteen
shall be entitled to the right to vote. Subject to any law depriving the
right to nomination, all Tibetan citizens who have attained the age of
25 shall be entitled to be a nominee.
Article
12 Other Fundamental Rights and Freedoms
Subject to any law imposing
restrictions in the immediate and ultimate interest of the Tibetan people
and for the benefit of the public, and subject to legal restrictions imposed
by the Tibetan Assembly during the tenureship of a civil servant, all Tibetans
shall be entitled to the following rights and freedoms:
(a) freedom to life, liberty
and property;
(b) freedom of speech and
expression;
(c) freedom of movement;
(d) right to publish and
distribute Newspapers, Periodicals, Articles and other writings;
(e) freedom to assemble
peacefully without arms;
(f) when charged and required
to appear before a court of law, the right to obtain financial assistance,
and acquire an interpreter should a person lack necessary means;
(g) right to form, and become
a member of any religious, cultural, economic, corporate, union or other
association;
(h) freedom of employment
in the Tibetan Administration, or any other institution under its jurisdiction,
according to qualification;
(i) practice any profession
or carry out any trade or business enterprise or occupation, including
acquisition of land and property, in accordance with the law of the respective
host countries;
(j) non-employment of children
below the age of 14 years in manual labour.
Article
13 Obligations of Citizens
All Tibetan citizens shall
fulfill the following obligations:
(a) bear true allegiance
to Tibet;
(b) faithfully comply and
observe the Charter and the laws enshrined therein;
(c) endeavor to achieve
the common goal of Tibet;
(d) pay taxes imposed in
accordance with the laws;
(e) perform such obligations
as may be imposed by law in the event of a threat to the interest of Tibet,
or other public catastrophe. Enforcement of Fundamental Rights and Duties
- Article 14. Subject to restrictions imposed by law, as specified in article
12 of this Charter, all Tibetans shall have the right to approach the Tibetan
Supreme Justice Commission, and all Tibetan Local Justice Commissions,
in the event of violation of rights and duties. The above Justice Commissions
are entitled to issue such orders as are necessary to protect these rights
as specified therein.
Chapter III Directive Principles of the Tibetan Administration
Article
15 Achievement of the Common Goal and the Social Welfare of the Tibetans
In-Exile
The primary aim of the Tibetan
Administration in-exile shall be to endeavor to maintain a just policy
for the achievement of the common goal of Tibet, and in addition, at the
present moment, protect Tibetans in Tibet from present hardships and danger;
and shall formulate a policy of social welfare to secure just and equal
opportunity for the economic development of Tibetans in-exile. Furthermore,
it shall endeavour to provide reasonable opportunity to all Tibetan youth
for the procurement of a modern education and the derivation of the ancient
cultural heritage of Tibet; and in particular, shall also strive to provide
adequate health services for sound mental and physical development. For
the implementation of the above objectives, the following tasks may be
undertaken.
Article
16 Social Welfare
(1) The Tibetan Administration
in-exile shall endeavor to secure appropriate means of providing sources
of livelihood, happiness and mental and physical well-being for the Tibetan
people. Those policies shall include the promotion of achieving equal and
adequate means of livelihood, equal pay for equal work, either within the
Tibetan Administration or any other institutions under its jurisdiction,
and equal taxation in accordance with the amount of income.
(2) The Tibetan Administration
shall provide economic assistance and guidance to those who are infirm,
physically handicapped, or economically disadvantaged, or to those Tibetan
families with large numbers of children who are unable to adequately raise
and educate their children. Reasonable efforts shall be made by the Tibetan
Administration to prevent economic exploitation by others, and to educate
and assist those exploited by others, and provide Assistance to Tibetans
under severe economic burden.
(3) In particular, the Tibetan
Administration shall modernize agricultural techniques and develop appropriate
cottage and home industries to prevent Tibetan settlements and communities
from disintegration. It shall operate public and private undertakings,
such as co-operatives, trade and business enterprises and communities,
in accordance with the regulations laid down by the Tibetan Assembly.
Article
17 Education and Culture
(1) The Tibetan Administration
shall abide by the UN's declarations of the rights of the children and
shall provide all Tibetan children in-exile, who have reached school age,
the opportunity to primary education.
(2) A standard education
policy shall be formulated in accordance with the fundamental requirements
of Tibetans and endeavor to promote education.
(3) It shall endeavor to
establish and maintain day schools in the respective Tibetan establishments
and shall provide hostel facilities wherever deemed necessary.
(4) It shall endeavor to
admit Tibetan children from various scattered Tibetan communities, where
there are no educational institutions, to the nearest Tibetan schools.
(5) It shall give career
guidance to Tibetan children by providing expertise in educational counselling.
(6) It shall encourage those
who are economically able to provide their own financial support for the
continuation of their children's education.
(7) It shall endeavor to
provide special programs and opportunities for technical, professional,
and general higher education on the basis of scholarship and merit; and
scholarships shall be made available to those unable to pay for such an
education.
(8) It shall endeavor to
improve the residential and non-residential government and private primary,
middle and high schools, and it shall endeavor to gradually introduce the
Tibetan language as the medium of instruction in all of its schools, with
special emphasis placed on moral education rooted in the Buddhist teachings.
(9) It shall endeavour to
establish due regard for teachers of all grades, and recruit those with
meritorious academic records.
(10) It shall endeavour
to establish pure and efficient academic and monastic communities of monks,
nuns, and tantric practitioners, and shall encourage them to maintain a
correct livelihood.
(11) It shall endeavour
to disseminate a non-sectarian and wholesome tradition of Buddhist doctrines.
(12) It shall endeavour
to provide facilities for monks and nuns to provide appropriate educational
and health services for the benefit of the society.
(13) It shall endeavor to
preserve and promote ancient Tibetan culture in general, and in particular
those aspects of Tibetan arts and sciences which are on the verge of extinction,
such as the performing Arts, metal crafts and other traditional handicrafts.
It shall also recognize, honor and reward professional master-craftsmen.
(14) It shall endeavor to
provide guidance in fields of modern education of special importance, such
as contemporary science, and support research in the fields of science,
art and technology.
(15) It shall support and
promote cultural, religious, monastic and academic institutions.
(16) It shall promote games
and athletic sports.
Article
18 Health
(1) The Tibetan Administration
shall endeavor to promote adequate health, medical and sanitation services,
and provide free medical treatment. It shall conduct special medical care
programs for immunization and chronic illnesses; and educate people on
environmental issues.
(2) In particular, it shall
endeavor to promote the Tibetan pharmacy and the practice of ancient astro-medical
sciences, and conduct comparative research in the fields of Tibetan and
modern astro-medical sciences,
(3) The manufacture and
prescription of Tibetan pharmaceutical medicines shall be authorized, regulated
and standardized in accordance with the law.
Article
19 Executive Power
The executive power of the
Tibetan Administration shall be vested in His Holiness the Dalai Lama,
and shall be exercised by Him, either directly or through officers subordinate
to Him, in accordance with the provisions of this Charter. In particular,
His Holiness the Dalai Lama shall be empowered to execute the following
executive powers as the chief executive of the Tibetan people.
(a) approve and promulgate
bills and regulations prescribed by the Tibetan Assembly;
(b) promulgate acts and
ordinances that have the force of law.
(c) confer honors and patents
of merit;
(d) summon, adjourn, postpone
and prolong the Tibetan Assembly;
(e) send messages and addresses
to the Tibetan Assembly whenever necessary;
(f) dissolve or suspend
the Tibetan Assembly;
(g) dissolve the Kashag
or remove a Kalon or Kalons;
(h) summon emergency and
special meetings of major significance; and
(j) authorize referendums
in cases involving major issues in accordance with this Charter.
Article
20 The Kashag and the Chief Kalon
There shall be a Kashag
and a Chief Kalon primarily responsible for exercising executive powers
of the Tibetan Administration subordinate to His Holiness the Dalai Lama.
Article
21 Election of the Kalons
(1) The Kashag shall consist
of seven Kalons who shall be elected by the Tibetan Assembly in accordance
with the law by means of a secret ballot.
(2) The original nominees
for Kalons shall consist of not more than 21 members nominated by sub-committees
of the Tibetan Assembly by means of a secret ballot. The Kalons shall be
elected following selection of the nominees.
(3) Qualifications of a
Kalon:
a) must be a citizen of
Tibet;
b) must be at least 35 years
of age;
c) not declared mentally
unsound by a court or a licensed medical practitioner;
d) not legally declared
bankrupt;
e) not convicted of any
criminal offence by any court of law;
f) not declared disqualified
by more than two-thirds majority in the Tibetan Assembly;
g) not seeking the position
of Kalon for the third consecutive term;
h) not previously removed
as a Kalon as prescribed in clause (3) & (4) of Article 29 of this
Charter;
i) not enjoying service,
status or economic benefit from other countries detrimental to the interest
of Tibetan people.
(4) Any person nominated
as a Kalon who is unwilling to accept the office must be withdrawn from
the nomination within the allotted time in accordance with the notification.
(5) Secure at least 70%
votes from the total number of votes to be elected as a Kalon.
(6) If 7 Kalons are not
elected, three nominees for each remaining position of Kalon shall be nominated
for a reelection from the list of remaining candidates.
(7) Provided further that
if the total of 3 Kalons are not elected upon the subsequent ballot, the
required percentage for election may be reduced to, but not below, 55%,
and subject only to the approval of more than two-thirds majority of members
present in the Tibetan Assembly. If the Kalons are re-elected upon reduction
of the required percentage of votes, the number of Kalons thus elected
shall not exceed more than three.
(8) If a two-thirds majority
of members present in the Tibetan Assembly has not approved the reduction
of required percentage of votes for election, or if after the reduction,
the required percentage has not been secured by 3 candidates for the position
of Kalons, the matter shall be presented to His Holiness the Dalai Lama
and decided thereon in accordance with His advice.
(9) If the number of elected
candidates with equal percentages of votes exceeds the required number
of Kalons, such candidates shall become candidates for subsequent election.
(10) a) If the elected Kalons
are so few that they are unable to discharge their responsibilities properly,
then the Kashag may approach the Tibetan Assembly, whereupon the matter
may be submitted to His Holiness the Dalai Lama, and following His assent,
the vacancies for the remaining positions of Kalons within the Kashag may
be elected by the Tibetan Assembly.
b) In the event of the death,
replacement, or resignation of a Kalon, his or her replacement shall be
elected within six months.
c) In the case of such an
election, the nominees for the replacement of the Kalons required thereof
shall not exceed three for each position of Kalon.
d) And further that in the
case of not securing the required percentage as laid down in the regulation,
re-election of the Kalon or Kalons shall not be required.
e) A Kalon so re-elected
shall hold office for the same period as that of the remaining term of
the incumbent Kashag.
(11) Any member of the Tibetan
Assembly elected as a Kalon shall cease to be a member of such Assembly,
and any civil servant of the Tibetan Administration elected as a Kalon,
shall resign from his or her service provided that, upon completion of
a Kalon's term, he or she shall be entitled to receive benefits of old
age subject to his or her former rank and duration of the previous service.
(12) This specific procedure
applicable to the election of Kalons as formulated by the Tibetan Central
Election Commission, in accordance with the provisions of this Charter,
ratified by the Tibetan Assembly, and with the assent of His Holiness the
Dalai Lama, shall henceforth come into full force and effect.
Article
22 Tenure of Kashag
(1) Subject to Article 29
of this Charter, and unless otherwise specified, such as the dissolution
of the Kashag or the removal of a Kalon or Kalons before the expiration
of a term, the tenure of the Kashag shall be 5 years.
(2) Except in cases of dissolution
of the Kashag as specified in Article 29 of this Charter, the re-election
of any Kalon shall not be invalid, provided that such re-election of a
Kalon shall not exceed two consecutive terms.
Article
23 Election of the Chief Kalon
A Chief Kalon shall be elected,
in accordance with the law, by the elected Kalons by means of a secret
ballot. Election of a Chief Kalon shall be valid by a simple majority.
Article
24 Tenure of the Chief Kalon
Except in the case of a
removal, in accordance with clause (5) of Chapter 29 of this Charter, and
before the expiration of a term, the tenure of the Chief Kalon shall be
one year. Provided that he or she can remain as Chief Kalon if re-elected
for a subsequent term.
Article
25 Oath or Affirmation by the Chief Kalon and Kalons
All Kalons, including the
Chief Kalon, shall, before assuming office, take and subscribe before His
Holiness the Dalai Lama an oath and affirmation of office and secrecy according
to the form prescribed by law.
Article
26 Salaries of the Chief Kalon and Kalons
The Chief Kalon and Kalons
shall be entitled to receive such salaries, allowances and other priviledges
during their term as determined by the Tibetan Assembly by law.
Article
27 Meeting of the Kashag
The Chief Kalon shall preside
over meetings of the Kashag, and during his or her absence, it shall be
presided over by a Kalon elected for the purpose.
Article
28 His Holiness the Dalai Lama's summoning of the Kashag Meetings
(1) His Holiness the Dalai
Lama may, from time to time, summon a meeting, or may be requested by the
Kashag to attend Kashag meetings. The Kalons shall be in attendance during
such meetings and His Holiness the Dalai Lama shall preside over these
Kashag meetings.
(2) The Kashag shall be
exclusively responsible for the expeditious execution of resolutions passed
thereof in the meetings of His Holiness the Dalai Lama and the Kashag.
Article
29 Obligations of the Kashag and Removal of Kalons
(1) The Kashag shall be
collectively responsible for the discharge of their duties, and in general
it shall be accountable and answerable to the Tibetan Assembly.
(2) The Chief Kalon shall
allocate portfolios to the individual Kalons with the consent of His Holiness
the Dalai Lama, and His decision shall be binding over and above that of
the Chief Kalon.
(3) The entire Kashag may
be dissolved, or any Kalon or Kalons may be removed, as the case may be,
with the approval of more than a two-thirds majority of the total members
of the Tibetan Assembly.
(4) His Holiness the Dalai
Lama may, in cases of an emergency, dissolve the Kashag or remove a Kalon
or Kalons, as the case may be.
(5) If at any time the Chief
Kalon makes a reasonable recommendation regarding the dissolution of the
Kashag or the removal of a Kalon or Kalons, including himself, such a recommendation
shall come into force with the support of a two-thirds majority of the
total number of the Kalons in the Kashag, and the Kashag shall dissolve
or a Kalon or Kalons shall resign with the approval of H.H.the Dalai lama
on recommendation of the Tibetan Assembly.
(6) If such a dissolution
or removal takes place, as the case may be, his or her replacement shall
be elected in not less than 30 calendar days from the day of dissolution
or removal, if the Tibetan Assembly is in session. If an emergency session
of Tibetan Assembly is required to be summoned, the replacement of a Kalon
or Kalons shall be elected within 60 calendar days, as the case may be.
Except in the case of a removal of a particular Kalon, his or her replacement
may be elected within 6 months.
(7) The Kashag shall continue
to hold office in accordance with the law even after the expiration of
its term until such time as the newly elected Kashag takes and subscribe
its oath and affirmation of office. In the case of a removal of a particular
Kalon, as specified in clauses (3) (4) (5) of this article, he or she shall
cease to hold his or her office. In the case of the dissolution of the
entire Kashag, the incumbent Kashag shall continue to hold office until
such time as the newly elected Kashag takes and subscribes the oath and
affirmation of office provided that they do not make new decisions relating
to policy matters.
Article
30 Conduct of Business of the Tibetan Administration
All executive business of
the Tibetan Administration shall be conducted in the name of H.H. the Dalai
Lama. The Kashag shall formulate detailed regulations concerning transaction
of administrative business, rules and regulations, and the making of decisions,
by the chief Kalon or Kalons of the Kashag; and those laws shall come into
force with the approval of the Tibetan Assembly and the assent of H.H.the
Dalai Lama.
Article
31 Council of Regency
The Council of Regency shall
exercise executive powers and authority in the following circumstances:
(1) a) at such time as His
Holiness the Dalai Lama has not assumed or retained the powers of the head
of the Tibetan Administration and the executive functions therein;
b) when the Tibetan Assembly,
by more than two-thirds of its total members in consultation with the Tibetan
Supreme Justice Commission, decides that, in the highest interests 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;
(2) If such a situation
arises, a three member Council of Regency shall be elected jointly by the
Kashag and the Tibetan Assembly in accordance with law, by means of secret
ballot. Provided that any Tibetan who desires to become a nominee of the
Council of Regency shall fulfill the same qualifications identical to becoming
a Kalon as specified in clause (3) of Article 21 of this Charter.
(3) If any Member of the
Kashag, member of the Tibetan Assembly, or civil servant of the Tibetan
Administration and its private institutions is elected as a member of the
Council of Regency, he or she shall relinquish his or her present position.
(4) A Regent, once elected
as member of the Council of Regency, shall take and subscribe an oath and
affirmation of office and secrecy before the Chief Justice Commissioner
of the Tibetan Supreme Justice Commission.
Article
32 The Chief Regent of the Council of Regency
(1) There shall be a Chief
Regent in the Council of Regency who shall be elected jointly by members
of the Tibetan Assembly and Kashag by a majority vote. However, the Council
of Regency shall be collectively responsible for the conduct of their business.
(2) Except in the case of
a removal, in accordance with the clause of this Charter, and before the
expiration of a term, the tenure of the Chief Regent shall be one year.
Provided that he or she can continue to remain as the Chief Regent if reelected
for a subsequent term.
Article
33 Duties and Powers of the Council of Regency
(1) The Council of Regency
shall have all the executive powers and authority as prescribed in Article
19 except as otherwise prescribed in sub-clause (f) & (g) of the same
Article.
(2) Subject to clause (f)
of Article 19, the Council of Regency may, in consultation with the Kashag
and the Chief Kalon, suspend or dissolve the Tibetan Assembly with the
approval of more than two-thirds majority of the members of the Kashag,
and shall come into power through the outcome of a popular referendum.
(3) Subject to clause (g)
of Article 19, the Council of Regency may, in consultation with the Speaker
and Deputy Speaker of the Tibetan Assembly, dissolve the Kashag or remove
a Kalon or Kalons, as the case may be, with the approval of more than two-thirds
of the total members of the Tibetan Assembly.
(4) At an appropriate time
for H.H. the Dalai Lama to assume the executive authority and power of
the Tibetan administration, as soon as may be, the Council of Regency or
a Regent, the Kashag or a Kalon, the Tibetan Assembly or a member thereof,
upon recommendation and approval made in the Tibetan Assembly to reinstate
the power and authority of H.H.the Dalai Lama, the Council of Regency shall
then and there act accordingly and remain dissolved.
(5) In all other matters
of procedure, the Council of Regency shall adhere and comply in accordance
with duly passed laws.
Article
34 Dissolution of the Council of Regency and Removal of Regents
(1) Whenever any Regent
of the Council of Regency, as a result of death or otherwise, is unable
to discharge his or her duties and responsibilities, the Kashag and the
Tibetan Assembly shall, in accordance with law, jointly elect his or her
replacement.
(2) If any Regent(s) or
all Regents of the Council of Regency, are required to be removed, such
removal may be made with the approval of more than two-thirds majority
of the total members of the Tibetan Assembly in consultation with the Kashag.
(3) In the case of a situation
requiring the removal of a member of the Council of Regency when the Assembly
is not in session, the Standing Committee of the Tibetan Assembly may,
in consultation with the Kashag, suspend the powers and authority of that
particular Regent. Provided that the Kashag and the Tibetan Assembly shall
jointly make a reasonable recommendation regarding the removal of the said
Regent and if approved by more than a two-thirds majority of the total
members of the Tibetan Assembly, that Regent shall be removed from his
or her office in their subsequent meeting. The Tibetan Assembly shall also
elect in the same session a new Regent as his or her replacement in accordance
with article (31) of this Charter.
(4) If two or three Regents
of the Council of Regency are required to be removed from office while
the Tibetan Assembly is not in session, the Kashag in consultation with
the Standing Committee of the Tibetan Assembly shall summon an Emergency
Meeting and recommend in that session the removal of such Regents. The
Tibetan Assembly may approve the removal of two or three Regents by more
than two-thirds of its total members. Provided that any or all of the Regents
of the Council of Regency shall be given an opportunity to present an explanation
thereof. The Tibetan Assembly shall also elect, in the same session, their
replacements in accordance with article (31) of this Charter.
Article
35 Term of Office and Salary of Council of Regency
(1) Unless the Council of
Regency is required to be dissolved, or a Regent(s) is required to be removed
as specified in Article 33 of this Charter, or in the appropriate event
of reinstating power and authority in the hands of H.H. the Dalai Lama,
the term of each Council of Regency shall not exceed 3 years.
(2) In the event of removal
of one or two Regents, their replacement shall hold office for the same
period of time as that of the remaining term of the former. Provided that
in the event of removal of all Regents, the term of office of the new Regency
shall be three years.
(3) In the event of removal
of a particular Regent, he or she must immediately relinquish his or her
position. Provided that if three Regents are removed, the former Council
of Regency shall hold office until such time as the newly elected Regency
takes an oath and affirmation of office, provided that they do not make
decisions relating to policy matters.
(4) The Regents shall be
entitled to receive such salaries, allowances and other priviledges during
their tenureship as determined by the Tibetan Assembly in accordance with
law.
Article
36 Legislative Power
All legislative power and
authority shall rest in the Tibetan Assembly, and such legislation shall
require the assent of His Holiness the Dalai Lama to become law.
Article
37 Composition of the Tibetan Assembly
The Tibetan Assembly shall
consist of:
(1) a) 10 members elected
from each of the three regions of Tibet without discrimination of sex;
b) 2 members elected from
each religious denomination: Nyingma, Kagyud, Sakya, Geluk and Yungdrung
Bon;
c) 1 to 3 members directly
nominated by His Holiness the Dalai Lama;
d) 1 member elected by Tibetans
residing in Canada and the United States of America;
e) 2 members elected by
Tibetans residing in European countries.
According to clause (a)
of this Article, there shall be at least 2 elected women members from each
region to represent that region's constituency.
(2) The Tibetan Assembly
may increase the number of regional deputies as and when required.
Article
38 Qualifications for Membership of the Tibetan Assembly
The qualifications of a
member of the Tibetan Assembly shall be:
a) Must be a citizen of
Tibet.
b) Must be at least 25 years
of age.
c) Not declared mentally
unsound by a Court or a licensed medical practitioner.
d) Not declared bankrupt.
e) Not convicted of any
criminal offense by a court of law.
f) Not a member of the Tibetan
civil service or a beneficiary.
g) Not enjoying service,
status or economic benefit from other countries detrimental to the interest
of Tibetan people.
h) Not declared disqualified
in accordance with the election rules and regulation prescribed by the
Tibetan Assembly.
Article
39 Duration of the Tibetan Assembly
Subject to Article 57 of
this Charter, which requires the dissolution of the Tibetan Assembly before
the expiration of its duration, the term of each Tibetan Assembly shall
be 5 years.
Article
40 Sessions of the Tibetan Assembly
His Holiness the Dalai Lama
shall summon the regular Tibetan Assembly to meet at such time, place and
duration as may be recommended by the Speaker and the Standing Committee
of the Tibetan Assembly in this behalf. The Secretary General of the Tibetan
Assembly shall send notices summoning members of the Tibetan Assembly to
such a session. A time period of six months shall not pass between the
last session and the date appointed for the next session.
Article
41 Special Sessions
(1) His Holiness the Dalai
Lama may, at His discretion, summon a Special Session of the Tibetan Assembly,
or He may do so at the recommendation of more than 50% of the members of
either the Kashag, the Tibetan Assembly, or the Standing Committee of the
Tibetan Assembly.
(2) In and event which requires
the summoning of a special session of the Tibetan Assembly for the purpose
of matters specified in clause I, Sub clause (B) of article (31) &
clause IV of article (34), the Speaker of the Tibetan Assembly may, in
consultation with the Kashag, summon such a session.
Article
42 Standing Committee of the Tibetan Assembly
(1) When the Tibetan Assembly
is not in session, there shall be a Standing Committee of the Tibetan Assembly
which shall consist of 2 members from each region, 1 member from each of
the religious denominations, and 1 member from among those directly nominated
by His Holiness the Dalai Lama, either elected or selected. This Standing
Committee shall be redesignated each year.
(2) The Standing Committee
shall exercise authority and the conduct of business in such manner as
the Tibetan Assembly may direct in accordance with law.
Article
43 His Holiness the Dalai Lama's Annual Address and Messages to the Tibetan
Assembly
(1) At the commencement
of the first session of each Tibetan Assembly, or at the commencement of
the first session of each year, His Holiness the Dalai Lama shall address
or send messages to the Tibetan Assembly.
(2) His Holiness the Dalai
Lama may, at His discretion, address or send messages to the Tibetan Assembly
or the Standing Committee of the Tibetan Assembly on such occasions when
a Bill or other legislation is returned for reconsideration, in accordance
with law.
Article
44 Right of Admission of Kalons in the Tibetan Assembly Session
The Kalons shall have the
right to take part in debate, discussion and submit any explanation in
the sessions of the Tibetan Assembly, provided that the Kalons are not
entitled to vote in the Tibetan Assembly.
Article
45 The Speaker and Deputy Speaker of the Tibetan Assembly
(1) At the commencement
of the first session of each Tibetan Assembly, the members shall elect
a Speaker and a Deputy Speaker from among the Assembly members by means
of a secret ballot.
(2) After the election of
the Speaker and the Deputy Speaker of the Tibetan Assembly, and as soon
as possible before assuming their respective offices, they shall each take
an oath and affirmation of office before His Holiness the Dalai Lama according
to the form as prescribed by law.
(3) If either the Speaker
or the Deputy Speaker so elected is removed or is required to be removed
by more than a two-thirds majority of the total members in the Tibetan
Assembly, he or she shall vacate his or her office on and from the day
of such a resolution.
(4) When the Tibetan Assembly
is in session deliberating on a matter concerning the removal of either
the Speaker or the Deputy Speaker of the Tibetan Assembly, he or she shall
not partake in such a session.
(5) In the event of the
seat of the Speaker or the Deputy Speaker of the Tibetan Assembly becoming
vacant due to removal, death or otherwise, as soon as may be, their replacement
shall be elected in accordance with law.
Article
46 Priviledges of the Members of the Tibetan Assembly
(1) Any member of the Tibetan
Assembly shall not be liable to any proceedings in any Tibetan Justice
Commission with regard to any statement made or voting procedures held
in the Tibetan Assembly or any Committee thereof.
(2) In other respects, all
matters regarding priviledges of the members of the Tibetan Assembly shall
be defined in accordance with law made, from time to time, by the Tibetan
Assembly.
Article
47 Oath or Affirmation by Members of the Tibetan Assembly
Every member of the Tibetan
Assembly shall, before taking his or her seat, take and subscribe before
the Speaker or Deputy Speaker of the Tibetan Assembly, or a person appointed
on his or her behalf, an oath and affirmation of office according to the
form as prescribed by law.
Article
48 Voting in the Tibetan Assembly
Except as provided in the
Articles and other provisions of this Charter, all other business of the
Tibetan Assembly shall be determined by a majority vote. In the case of
an even or tie of votes, with regard to business matters, the Speaker of
the Tibetan Assembly shall, in his or her discretion, cast the deciding
vote whereupon the matter may be resolved.
Article
49 Quorum of the Tibetan Assembly
(1) If two-thirds of the
total number of members, either in the Tibetan Assembly or its Standing
Committee, as the case may be, are in session it shall have the right to
resolve any matter. Provided that when the total number of members are
equally divided, the member remaining thereof shall not be taken into account.
(2) If a session of the
Tibetan Assembly is required to be prolonged by more than a week in the
absence of the minimum quorum required, the Speaker of the Tibetan Assembly
may, in consultation with His Holiness the Dalai Lama, prolong the meeting.
(3) If any member of the
Tibetan Assembly vacates his or her seat during a session, or if it is
later discovered that a non-member was present and had voted in the session,
the matter deliberated thereupon by the Tibetan Assembly shall remain valid
provided that such a person present and voting without any right shall
not be eligible in the future for nomination as a member in the Tibetan
Assembly.
Article
50 Salaries and Allowances of Members of the Tibetan Assembly
All members of the Tibetan
Assembly shall, from the day of taking an oath and affirmation of office
until the expiration of their term, be entitled to receive salaries and
allowances as may be determined by the Tibetan Assembly in accordance with
law.
Article
51 Introduction and Passing of Bills
(1) No bill or legislation
dealing with the imposition, remission, abolition, alteration or regulation
of any tax, or regulation for borrowing of money for the Tibetan Administration
or giving of any guarantee by the Tibetan Assembly, shall be introduced
without the recommendation of the Kashag. Provided that existing laws for
the reduction or increase of any tax shall need no recommendation from
the Kashag.
(2) Any bill or legislation
formally deliberated in the Tibetan Assembly involving an expenditure of
the Tibetan Administration shall not be passed without the recommendation
of the Kashag.
(3) Subject to the preceding
Articles, the Tibetan Assembly or any member therein, is entitled to introduce
any bill or legislation, or propose any amendment, as prescribed in the
rules of the Tibetan Assembly.
(4) Any bill or legislation,
if necessary, can be referred for consideration and recommendation to the
Committee(s) specially appointed for that purpose before being discussed
or deliberated in the Tibetan Assembly.
Article
52 Annual Budget of the Tibetan Administration
(1) The Kashag shall be
required to produce an annual statement of expenditure and estimated receipts
of the entire Tibetan Administration for the coming year before the Tibetan
Assembly. The annual budget statement shall be divided into the following
categories:
a) the sums deemed necessary
to meet the estimated expenditure from the revenue of the Tibetan Administration
as stated in the succeeding clause; and
b) the sums required to
meet other expenditure(s) proposed to be made from the revenue of the Tibetan
Administration.
(2) The sum of expenditure(s)
deemed necessary to be made from the revenue of the Tibetan Administration
as stated in sub-clause (a) of the preceding Article, shall be as follows:
a) expenditures necessary
for the office and dignity of His Holiness the Dalai Lama;
b) the salary and allowances
of the Speaker and Deputy Speaker of the Tibetan Assembly;
c) the salary, allowance
and pension of the Chief Tibetan Justice Commissioner of the Tibetan Supreme
Justice Commission; and
d) debt charges for which
the Tibetan Administration is liable, including interest and redemption
charges.
(3) The sum of expenditure
to be made as stated above shall not be liable for vote in the Tibetan
Assembly. However, the Tibetan Assembly shall not be prevented from discussing
any of the above matters.
(4) The sums of all expenditures
required to be made, as specified in sub-rule (b) of clause (1) of this
Article, shall be subject to the approval of the Tibetan Assembly in accordance
with budget regulations as set forth by the Tibetan Assembly, and shall
assent, reduce or reject the proposal, as it thinks fit.
Article
53 Rules of Procedure of the Tibetan Assembly
The Tibetan Assembly shall
formulate rules of procedure and conduct of business, with the approval
of more than two-thirds of its total members, in accordance with the provisions
of this Charter and such rules shall then come into force.
Article
54 Restriction on Discussion
No discussion or question
shall be raised in the Tibetan Assembly with respect to the conduct of
the Chief Tibetan Justice Commissioner in the discharge of his or her duties,
except in regard to the issue of removal of the Chief Tibetan Justice Commissioner
made by the findings of a Committee especially appointed by the Tibetan
Assembly; and upon its recommendation to and with more than a two-thirds
majority of the total members of the Tibetan Assembly, and with the approval
of His Holiness the Dalai Lama.
Article
55 Promulgation of Ordinances
(1) Any legislation, bill
or proposal passed by the Tibetan Assembly and presented to His Holiness
the Dalai Lama shall be treated as law once He assents for its enactment.
His Holiness the Dalai Lama shall decide within 14 working days whether
such legislation shall be approved, or He may return the proposal with
recommendations as is deemed fit within that time. Thereafter the Tibetan
Assembly shall deliberate upon His Holiness' recommendations of the proposal
and then present the same to His Holiness the Dalai Lama for re-approval
within fourteen working days.
(2) If at any time the Tibetan
Assembly is not in session, and if any issue of major significance arises
which renders it necessary and urgent, His Holiness the Dalai Lama, may
in consultation with the Standing Committee of the Tibetan Assembly, promulgate
ordinances which has the same force of law.
(3) Any ordinances, promulgated
as such may be amended, altered or annulled by the Tibetan Assembly through
deliberation during their subsequent session.
Article
56 Referendum
His Holiness the Dalai Lama
may, in pursuant to clause (a) of Article 55 of this Charter, on any legislation,
bill or proposal passed and presented to H.H. the Dalai Lama by the Tibetan
Assembly, call a for referendum. Such referendum shall become law if a
majority vote by the Tibetan people is obtained and His Holiness the Dalai
Lama assents to its enactment within 14 working days from the election
result.
Article
57 Dissolution of the Tibetan Assembly and Removal of a Member
(a) In the interest of Tibet
and its people, His Holiness the Dalai Lama may, in consultation with the
Kashag, the Chief Tibetan Justice Commissioner, the Speaker and Deputy
Speaker of the Tibetan Assembly, either prorogue or dissolve the Tibetan
Assembly in accordance with the provisions of this charter.
(b) If any member of the
Tibetan Assembly has lost public support and confidence after assuming
office, or if his or her conduct is found incongruent to the qualifications
of the Tibetan Assembly as determined by Article (38) of this Charter,
and if such an allegation or accusation made thereof is approved by a majority
of its members, he or she shall be required to resign from membership of
the Tibetan Assembly.
(c) In the event of such
a removal, resignation, dissolution, death or election as a Regent or Kalon,
as the case may be, the election for new members of the Tibetan Assembly
shall be held within 180 days from the day thereof.
n-Liability of the Proceedings
of the Tibetan Assembly - Article 58 No
(1) Any manner of the proceedings
of the Tibetan Assembly shall not be called into question by any Tibetan
Justice Commissioner under the pretext of any alleged irregularity or discrepancy
with the regulations.
(2) No member of the Tibetan
Assembly, who is empowered under this Charter with regard to the conduct
of business, regulation, discipline or for maintaining order within the
Tibetan Assembly shall be subject to the jurisdiction of any Tibetan Justice
Commission.
Article
59 Emergency General Meeting
(1) If an opinion necessitates
polling of the general Tibetan public in respect to an emergency or any
significant public issues, His Holiness the Dalai Lama may either promulgate
an ordinance, or an Emergency General Meeting may be summoned by the joint
proposal of the Kashag and the Speaker and the Deputy Speaker of the Tibetan
Assembly with the consent of His Holiness the Dalai Lama.
(2) The composition of the
representatives for such a meeting shall include the members of the Tibetan
Assembly and others appointed in this behalf; the Kashag shall jointly
decide, in consultation with the Tibetan Assembly or the Standing Committee
of the Tibetan Assembly, the agenda, time, and venue of its occurrence.
(3) Once the agenda of the
Emergency General Meeting, the number and composition of representatives,
and time and venue are decided, the Office of Secretary General of the
Tibetan Assembly shall issue notification within 45 days prior to the day
of such a meeting.
Article
60 Regional Committee of Bhod Rangwang Denpe Legul
(1) There shall be a Regional
Committee of Bhod Rangwang Denpe Legul in all places where Tibetans in-exile
reside. It shall be comprised of at least 3 members, but not more than
11, elected by the residents of the respective Regions. Apart from maintaining
direct co-ordination with the Tibetan Assembly, the committee shall carry
out effective activities that are related to the achievement of the common
goal, and for the advancement of the moral and material well-being of the
Tibetan people.
(2) The formation, dissolution
and integration of all Regional Committees of the Bhod Rangwang Denpe Legul
shall be subject to the jurisdiction of the Tibetan Assembly.
(3) The composition, conduct
of business and auditing of revenues collected by the Regional Committees
of Bhod Rangwang Denpe Legul shall be subject to the direct jurisdiction
of the Tibetan Assembly.
(4) The Tibetan Assembly
shall have the discretion to allow the continuation of existing legal functions
in regions where a Regional Committee of Bhod Rangwang Denpe Legul cannot
be constituted as prescribed in Clause (1) of this Article.
Article
61 Office of the Secretary General
There shall be a permanent
Office of the Secretary General in the Tibetan Assembly. It shall consist
of one Secretary General, and the required number of his staff shall be
determined by the Speaker and the Deputy Speaker of the Tibetan Assembly
in consultation with the Kashag, in accordance with the regulations governing
the appointment of civil servants of Tibetan Administration.
Article
62 Tibetan Supreme Justice Commission
There shall be a Tibetan
Supreme Justice Commission vested with judicial powers suitable to the
temporary and special needs of the Tibetan Administration and citizens
in-exile. It shall consist of a Chief Tibetan Justice Commissioner until
such time as the Tibetan Assembly passes a resolution demanding the appointment
of additional Justice Commissioners of law.
Article
63 Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission
(1) The Chief Tibetan Justice
Commissioner of the Tibetan Supreme Justice Commission shall be appointed
by His Holiness the Dalai Lama, and if supported by more than two-thirds
of the total members of the Tibetan Assembly, he or she shall be appointed
as the Chief Tibetan Justice Commissioner by H.H. the Dalai Lama in His
capacity as the chief executive of the Tibetan Administration.
(2) No person shall be qualified
for appointment as a Chief Tibetan Justice Commissioner of the Tibetan
Supreme Justice Commission unless he or she is a citizen of Tibet and has
the experience of being in the legal profession for 5 consecutive years
in any court of law, or has been a licensed attorney for at least 10 years.
Provided that for a period of 10 years from the commencement of the operation
of this Charter, the appointment of the Chief Tibetan Justice Commissioner
shall have no binding to the qualifications as specified in this Article.
(3) A Tibetan who is appointed
as the Chief Tibetan Justice Commissioner shall, before assuming office,
take and subscribe an oath and affirmation of office in the presence of
His Holiness the Dalai Lama according to the form prescribed by law.
(4) Unless a resolution
is passed demanding the removal of the Chief Tibetan Justice Commissioner
of the Tibetan Supreme Justice Commission by more than two-thirds of the
total members of the Tibetan Assembly and with the assent of His Holiness
the Dalai Lama, the Chief Tibetan Justice Commissioner of the Tibetan Supreme
Justice Commission shall continue to discharge his or her duties until
the age of 65.
(5) Any person upon retirement
or resignation from the position of the Chief Tibetan Justice Commissioner
of the Tibetan Supreme Justice Commission may not be allowed to hold any
office of benefit in the Tibetan Administration. In the event of a fixed
duration of leave sought by the Chief Tibetan Justice Commissioner of the
Tibetan Supreme Justice Commission, his or her replacement shall be appointed
as prescribed in Article (67) of this Charter by law.
Article
64 A Committee of Jurors
(1) There shall be a permanent
jury, consisting of three citizens, to assist in the judicial proceedings
of the Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice
Commission. The members of such a jury shall be appointed by the Chief
Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission
in consultation with the Kashag. At least two of the three jurors shall
have obtained law degrees from recognised Law Schools. The term of office
of the Members of the Committee of Jurors shall be three years. Provided
that no restriction is made regarding his or her appointment for a subsequent
term of office.
(2) If at any time a judicial
enquiry is deemed necessary in regards to major cases, the Chief Tibetan
Justice Commissioner of the Tibetan Supreme Justice Commission shall from
time to time directly appoint a jury consisting of not more than 9 Tibetan
citizens, who have experience in matters of law, in addition to the 3 regular
jurors.
Article
65 Salary of the Chief Tibetan Justice Commissioner
(1) The Chief Tibetan Justice
Commissioner of the Tibetan Supreme Justice Commission shall be entitled
to receive salary, allowances, pensions, and other priviledges as determined
by the Tibetan Assembly according to law.
(2) The salary, allowances
and other priviledges of the Chief Tibetan Justice Commissioner of the
Tibetan Supreme Justice Commission shall not be altered or reduced to the
detriment of his or her priviledges during his or her term of office.
Article
66 Jurisdiction of the Tibetan Supreme Justice Commission
(1) The Tibetan Supreme
Justice Commission shall be the supreme appellate court regarding legal
issues involving individuals and public institutions of the Tibetans in-exile.
In shall be the highest judicial authority of the Tibetan Administration.
(2) As all Tibetans in-exile
are required to adhere to the laws of the respective host countries, the
Tibetan Supreme Justice Commission shall have the primary authority to
inquire into the following types of cases, except those that a civil and
criminal in nature:
a) cases involving interpretation
of the wordings of the Charter of Tibetans in-exile;
b) cases involving the conduct
of business of the executive departments or civil servants of the Tibetan
Administration;
c) cases involving redressal
of grievances regarding the services of civil servants of the Tibetan Administration
and such institutions under its jurisdiction;
d) disputes involving land
and property of the Tibetan settlements;
e) cases of arbitration
involving Tibetan communities regarding social welfare and security;
f) pronouncement of judgements
in types of cases other than those specified in this Article; and
g) shall have the authority
over and offer guidance to the Tibetan Local Justice Commissions and the
Tibetan Administration in regard to their conduct of business involving
legal matters.
Article
67 Rules of Procedure and Code of Law of the Tibetan Supreme Justice Commission
Subject to the provisions
of any law as specified in this Charter passed by the Tibetan Assembly,
the Tibetan Supreme Justice Commission shall make its own rules of procedure
and codes of law, and once approved by His Holiness the Dalai Lama, they
shall come into effect.
Article
68 Obtaining Opinion from the Tibetan Supreme Justice Commission
Upon the request of His
Holiness the Dalai Lama, The Tibetan Supreme Justice Commission may issue
the following types of opinions in the following matters:
(1) regarding interpretation
of the terms, phrases and meanings of this Charter;
(2) concerning legal matters
a of significant nature, or a fact of such nature that has arisen or is
likely to arise; and
(3) other matters of legal
ambiguity.
Article
69 Tibetan Local Justice Commission
(a) The Tibetan Supreme
Justice Commission may, from time to time, authorize the Tibetan Administrator
of a respective Tibetan settlement, or a Tibetan civil servant, or any
other Tibetan person thereof, to conduct legal business, of a permanent
or temporary nature, as a circuit Tibetan Local Justice Commissioner.
(b) There shall be a Commission
of Jurors or Judges to assist in the judicial proceedings of the Tibetan
Local Justice Commissioner. The number of Jurors or judges shall be appointed,
as the need may be, by the Supreme Tibetan Justice Commissioner.
Article
70 Office of the Tibetan Judicial Administration
There shall be an Office
of the Tibetan Judicial Administration exclusively responsible for the
secretarial transactions of the Tibetan Supreme Justice Commission. This
Office shall offer guidance to the Kashag, the Tibetan Assembly, and individual
members thereof in connection with judicial matters and preparation of
bills.
Chapter VII The Administration of Tibetan Settlements
Article
71 The Administration of Tibetan Settlements in Exile
There shall be a Tibetan
Administrative Office in every Tibetan settlement in-exile, defined by:
1. Settlements engaged primarily
in agriculture
2. Settlements engaged primarily
in handicrafts and Co-operatives
3. Monastic Communities
4. Schools and Academic
Institutions
5. Self-employed communities
6. Scattered Tibetan Communities;
and
7. Other places of residence.
Article
72 Tibetan Administrator and Assistant Tibetan Administrator of the Tibetan
Settlements
There shall be a Tibetan
Administrator in every Tibetan settlement, and an Assistant Tibetan Administrator
in larger Tibetan settlements.
a) Any Tibetan resident
of a Tibetan settlement, regardless of sex, lay or ordained, shall be entitled
to stand for nomination for election as a Tibetan Administrator subject
to the qualifications prescribed in Article 11 and 38 of this Charter.
Provided that the diplomatic representatives of the Tibetan Administration
shall not be elected as a Tibetan Administrator.
b) An Assistant Tibetan
Administrator may be elected by the respective Tibetan Local Assembly,
as deemed necessary, without direct election by the general Tibetan public.
Such an election shall require the support of at least a two-thirds majority
of the total number of members of that Tibetan Local Assembly.
Article
73 Election of the Tibetan Administrators of the Tibetan Settlements
(1) There shall be a preliminary
election for nomination from amongst the general Tibetan public in each
of the respective settlements, and those citizens shall be divided into
sub-committees, each consisting of not more than 25 Tibetan citizens, for
the election of a Tibetan Administrator.
(2) 4 candidates shall be
elected from amongst the nominees who have secured the highest vote, before
holding the final election for the positions of the Tibetan Administrator
of each respective Tibetan settlement.
(3) The candidate who is
elected to be the Tibetan Administrator shall secure more than 51% of the
total number of votes within that respective Tibetan settlement.
(4) If any candidate has
failed to secure 51% of the vote within the respective Tibetan settlement,
a decision shall be made in accordance with Article 74 of this Charter.
(5) If any member of the
Tibetan Local Assembly or any locally appointed staff of Tibetan settlement
is elected as the Tibetan Administrator or Assistant Tibetan Administrator,
such persons shall resign from his or her former membership or position.
Article
74 The Appointed Tibetan Administrator and Appointed Assistant Tibetan
Administrator
There shall be both a Tibetan
Administrator and an Assistant Tibetan Administrator, or either, as the
case may be, for each Tibetan settlement appointed by the Central Tibetan
Administration under the following circumstances:
(1) when the required percentage
of votes has not been secured from the general Tibetan public within the
respective Tibetan settlement as specified in clause (3) of Article 73
of this Charter;
(2) either a candidate elected
from amongst the general Tibetan public has failed to meet qualifications,
or the general Tibetan public has expressed an unwillingness to hold an
election for the time being; and
(3) either the Elected Tibetan
Administrator has failed to discharge his or her responsibility, or has
lost the confidence of the general Tibetan public, or has expressed an
unwillingness to elect his or her replacement in the respective Tibetan
settlement.
Article
75 Removal of Appointed Tibetan Administrators
In any Tibetan settlement,
if any Tibetan person qualified to be a Tibetan Administrator or Assistant
Tibetan Administrator is found among the general Tibetan public while the
Appointed Tibetan Administrator and/or Appointed Assistant Tibetan Administrators
are holding their respective office or offices, and as soon as the Tibetan
Administration is notified thereof by the Local Tibetan Assembly, the appointed
Administrator or Administrators may be replaced.
Article
76 Tenure of the Tibetan Administrators
(1) Unless a situation necessitates
their removal before the expiration of their term, and in accordance with
the provision of the regulation, the term of office of the Tibetan Administrator
and Assistant Tibetan Administrator shall be 3 years.
(2) Unless otherwise a situation
necessitates their removal in accordance with Article 91 of this Charter,
the re-election of any Tibetan Administrator or Assistant Tibetan Administrator
shall not be invalid.
Article
77 Duties of the Tibetan Local Administrators and Assistant Tibetan Local
Administrators
All Tibetan Local Administrators
and Assistant Tibetan Local Administrators shall have the following duties:
(1) to conduct all administrative
business of their respective Tibetan settlements;
(2) to carry out judicial
responsibilities authorized by the Tibetan Supreme Justice Commission;
(3) make efforts to maintain
mutual harmony, safety and security among Tibetan citizens and between
Tibetans and the indigenous people of the respective area; and shall also
make efforts to adhere to the local laws of the respective host countries
and respect the customs and traditions of the people therein;
(4) to carry out all the
official responsibilities instructed by the Tibetan Assembly, the Kashag,
the concerned Department and other Departments of the Central Tibetan Administration,
in accordance with regulations;
(5) to fulfill the objectives
and oversee the efficient functioning of the Tibetan Local Co-operative
Societies as prescribed by law; and
(6) any other duties deemed
to be executed for the benefit of the Tibetan people, from time to time,
according to the prescribed rules and regulations.
Article
78 The Tibetan Local Assembly of Tibetan Settlements
(1) There shall be a Tibetan
Local Assembly in each of the respective Tibetan settlements.
(2) a) Each Tibetan Local
Assembly shall be comprised of members, regardless of sex, lay or ordained,
from among the Tibetan residents of their respective settlement, who shall
be entitled to stand for nomination and be elected as a member of the Tibetan
Local Assembly as prescribed in Article 11 and 38 of this Charter.
b) Or, each Tibetan Local
Assembly may consist of elected members of the Board of Directors of the
Tibetan Co-operative Societies, Regional Bhod Rangwang Denpe Legul, leaders
and representatives of Tibetan Villages, or elected members of the various
communities and Associations, except any Tibetan Administrator and Assistant
Tibetan Administrator.
Article
79 Number of Members and Duration of the Tibetan Local Assembly of Tibetan
Settlement
(1) The quorum of each Tibetan
Local Assembly of each Tibetan settlement shall be comprised of not less
than 11, but not more than 35, members on the basis of the population of
the respective Tibetan settlements.
(2) Unless circumstances
demand dissolution of the Tibetan Local Assembly before the expiration
of the term, each Tibetan Local Assembly of the respective Tibetan settlement
shall have a term of 3 years.
Article
80 Speaker and Deputy Speaker of the Tibetan Local Assembly
(1) At the commencement
of the first session of each Tibetan Local Assembly, a Speaker and a Deputy
Speaker shall be elected from among members by means of a secret ballot
and by majority vote.
(2) After their election,
the Speaker and Deputy Speaker of the Tibetan Local Assembly shall take
and subscribe the oath and affirmation of their respective offices before
the Tibetan Local Justice Commission.
(3) If at any time the Speaker
and Deputy Speaker of the Tibetan Local Assembly is required to be removed,
with the approval of more than two-thirds of the members of the Tibetan
Local Assembly, and upon vacating their seats, a replacement shall be elected
as prescribed by law.
Article
81 Election Procedures of the Tibetan Local Assembly
The Tibetan Local Election
Commission shall have the duty and responsibility to exercise all election
procedures of that locality as prescribed in the regulations made by the
Tibetan Central Election Commission.
Article
82 Powers of the Tibetan Local Assembly
The Tibetan Local Assembly
shall have the power to exercise all authority in respect to the formation
and ratification of all business matters of the respective Tibetan settlements.
Provided that any Tibetan Administrator and Assistant Tibetan Administrator
shall be consulted before making the final decision.
Article
83 Voting in the Tibetan Local Assembly
Subject to the provisions
specified in the procedures and regulations determined by the Tibetan Assembly,
the Tibetan Local Assembly shall establish all other provisions in respect
to the conduct of business, aproved through consensus or majority vote.
Article
84 Quorum of the Tibetan Local Assembly
The Tibetan Local Assembly
shall have the authority to resolve any business matters once a total of
two-thirds of its members are present. Provided that when the total number
of its members are equally divided, any member remaining thereof shall
not be taken into account.
Article
85 Allowances of the Members of the Tibetan Local Assembly
During such periods when
the Tibetan Local Assembly is actually in session, its members are entitled
to receive allowances as prescribed by law.
Article
86 Annual Budget of the Tibetan Settlements
All Offices of the Tibetan
Administration in the respective Tibetan settlements shall produce and
submit an annual statement of expenditure and estimated receipts for each
year before the Tibetan Local Assembly. The annual budget statement of
each Tibetan settlement shall be comprised of two categories:
a) the sums proposed to
be receiveable from the revenues of the Tibetan Administration towards
salaries of all the Tibetan Administrators of the respective Tibetan settlements,
and administrative expenditures for those Tibetan settlements which do
not generate their own revenue; and
b) the sums deemed to meet
the expenditures of the salaries of all Assistant Tibetan Administrators,
and the sums for other projects, assented, reduced or refused by the Tibetan
Local Assembly on the basis of the revenue of the respective Tibetan settlements.
Article
87 Rules of Procedure of the Tibetan Local Assembly
The Tibetan Local Assembly
of each respective Tibetan settlement shall formulate their rules of procedure
and conduct of business, and with the approval of a two-thirds majority
of their Assembly members, such rules shall come into full force and effect.
Provided that the Tibetan Local Assembly may amend such rules dealing with
business matters and any other provisions thereof once approved by a two-thirds
majority of members.
Article
88 Right of Admission of the Tibetan Administrators and Assistant Tibetan
Administrators
All Tibetan Administrators
and Assistant Tibetan Administrators of each respective Tibetan settlement
shall have the right to take part in debate, discussions, answer questions
and provide explanation in the sessions of their respective Tibetan Local
Assembly. Provided that such Tibetan Administrators or Assistant Tibetan
Administrators shall have no right to vote in the Tibetan Local Assembly.
Article
89 Right to Make Proposals in the Tibetan Local Assembly
All members of the Tibetan
Local Assemblies shall have equal right to make suggestions and proposals
in respect to the conduct of business, as well as procedures and regulations
in their respective assemblies regarding their settlements. Provided that
any person who is not a member of the respective Tibetan Local Assembly,
and who wishes to make a proposal in connection with any of the matters
referred to here in this Article, shall present that proposal as sponsored
by a member of each respective Tibetan Local Assembly.
Article
90 Restriction on Discussion
(1) No discussions or questions
may be raised in the Tibetan Local Assembly in regard to any matter under
judicial inquiry, or any matter under investigation by a Committee, except
upon a proposal passed by more than two-thirds of the total members of
the Tibetan Local Assembly regarding the removal of any Tibetan Local Justice
Commissioner.
(2) Provided that if such
a proposal regarding the removal of the Tibetan Local Justice Commissioner
is approved, it shall require final approval of the Chief Tibetan Justice
Commissioner of the Tibetan Supreme Justice Commission.
Article
91 Removal of the Tibetan Administrator and Assistant Tibetan Administrator
(1) If circumstances leading
to the removal of any Tibetan Administrator of any particular Tibetan settlement
is approved by more than two-thirds of the total members of that Tibetan
Local Assembly, the final decision shall be determined by a majority vote
of the Tibetan people of that respective settlement.
(2) Any Assistant Tibetan
Administrator of a Tibetan settlement may be removed with the approval
of more than two-thirds of the total members of that Tibetan Local Assembly.
(3) In the event of any
such situation, the same person or persons shall be given the opportunity
and the right to produce explanation before that respective Tibetan Local
Assembly prior to a decision made by vote.
Article
92 Dissolution of Tibetan Local Assembly and Removal of a Member of Tibetan
Local Assembly
(1) a) In the event of a
situation demanding the dissolution of any Tibetan Local Assembly, the
Tibetan Administrator and Assistant Tibetan Administrator of that respective
Tibetan settlement, in consultation with the Speaker and Deputy Speaker
of that Tibetan Local Assembly, shall refer the matter to the general Tibetan
public of that respective Tibetan settlement, and any decision made by
majority vote shall be final.
b) Or, if a particular member
of any Tibetan Local Assembly is found necessary to be removed, the decision
made by a majority vote by members of the respective Tibetan Local Assembly
shall be final.
c) If a particular member
of any Tibetan Local Assembly is to be removed, or a Tibetan Local Assembly
is required to be dissolved, the election of a new member or members shall
be completed within 30 days of such a removal or dissolution, as the case
may be.
Article
93 Ownership and Administration of the Tibetan Co-operative Societies
(1) The general Tibetan
public of each respective Tibetan settlement, by being shareholders, are
the owners of the Tibetan Co-operative Societies of such settlements.
(2) All income and profits
of the respective Tibetan Co-operative Societies shall be allocated for
the welfare of the general Tibetan public of each respective Tibetan settlement,
except the sums earmarked for future consolidation as prescribed by the
laws of the respective Tibetan Co-operative Societies.
(3) The Tibetan Co-operative
Societies of each respective Tibetan Settlement shall frequently discuss
conduct of business and future programs, and bring those to the notice
of the shareholders of the Co-operative societies, the Tibetan Local Assembly,
the staff of Tibetan Administration, and to the general public of the respective
settlement.
Article
94 Tibetan Local Justice Commission
There shall be a permanent
or temporary Tibetan Local Justice Commission in each respective Tibetan
settlement as specified in Article 69 of this Charter; the Tibetan Supreme
Justice Commission shall appoint qualified Tibetan Local Justice Commissioners.
Article
95 Newly Constituted Tibetan Communities
(1) A Newly Constituted
Tibetan Community shall consist of those communities where there does not
exist an Office of the Tibetan Local Administration or a Tibetan Local
Assembly, and defined by:
a) an area where there are
at least 50, but not more than 150 Tibetan families, or between 200 to
600 permanent Tibetan residents, and there is a well established and permanently
dependable source of livelihood. In such a situation, a Tibetan Local Assembly
may be formed as specified in Article 78 of this Charter; or
b) an area or place where
there are more than 150 Tibetan families, or more than 600 Tibetan residents,
an Office of the Tibetan Local Administration as well as a Tibetan Local
Assembly may be established as specified in Article 72 and 78 of this Charter.
c) Provided that the concerned
Department of the Tibetan Central Administration make a thorough investigation
with regard to feasibility of such a requirement.
Chapter VIII The Tibetan Election Commission
Article
96 Tibetan Central Election Commission
There shall be an independent
Tibetan Central Election Commission for the discharge of duties pertaining
to the election of the members of the Tibetan Assembly, the Speaker and
Deputy Speaker of the Tibetan Assembly, the Kalons and Chief Kalon; and
any other election responsibilities in regard to referendums on major issues
involving the interest of Tibetan citizens.
Article
97 The Chief Tibetan Election Commissioner and Functions of the Commission
(1) Whereas His Holiness
the Dalai Lama shall appoint the Chief Commissioner of the Tibetan Central
Election Commission; other members of the Tibetan Central Election Commission
may be appointed, from time to time, by the Chief Commissioner of the Tibetan
Central Election Commission in consultation with the Kashag.
(2) The rules of procedure
and the functions of the Tibetan Central Election Commission shall be determined
by the Tibetan Assembly, and after the consent of His Holiness the Dalai
Lama, such regulations shall come into full force.
(3) The Tibetan Central
Election Commission shall formulate general election regulations, and following
the approval of the Tibetan Assembly and the assent of His Holiness the
Dalai Lama, such regulations shall come into full force in accordance with
the provisions of this Charter.
(4) The Tibetan Central
Election Commission shall investigate and resolve all irregularities or
discrepancies involving election procedure, and if the decision made by
the Commission is disapproved, the matter may not be brought before any
other Tibetan Justice Commission except the Tibetan Supreme Justice Commission.
(5) Any irregularities or
discrepancies involving election procedure in seperate Tibetan settlements
may be investigated and resolved by the Tibetan Local Election Commission,
and if the decision made by the Tibetan Local Election Commission is disapproved,
the matter may be brought before the Tibetan Central Election Commission.
Provided further that if the matter still remains unresolved, the matter
may be referred to the Tibetan Supreme Justice Commission.
Article
98 Salary of the Chief Commissioner of the Tibetan Central Election Commission
(1) The Chief Commissioner
of the Tibetan Central Election Commission shall be entitled to receive
salary, allowances, pensions and other priviledges as determined by the
Tibetan Assembly according to law.
(2) The salary, allowances
and other priviledges of the Chief Commissioner of the Tibetan Central
Election Commission shall not be altered or reduced to the detriment of
his or her priviledges during the tenure of office.
Article
99 Tenure of the Chief Commissioner of the Tibetan Central Election Commission
(1) Unless a situation arises
which calls for the removal of the Chief Commissioner of the Tibetan Central
Election Commission, and approved by more a than two-thirds majority of
the total members in the Tibetan Assembly and consented to by His Holiness
the Dalai Lama, the tenure of the Chief Commissioner of the Tibetan Central
Election Commission shall be 5 years, or his or her attainment of 65 years
of age, as the case may be.
(2) Any person, upon completion
of his or her tenureship, retirement, resignation or removal from the position
of the Chief Commissioner of the Tibetan Central Election Commission may
not be allowed to hold any office entitled to benefit in the Tibetan Administration.
Chapter IX The Public Service Commission
Article
100 Public Service Commission
There shall be an independent
Public Service Commission for the appointment of the gazetted officials
of the Central Tibetan Administration.
Article
101 Composition of the Public Service Commission
The Public Service Commission
shall consist of a Chairman, and two or three members, as the case may
be, appointed by His Holiness the Dalai lama.
Article
102 Duties and Powers of the Public Service Commission
The Public Service Commission
shall formulate rules and regulations in regard to the appointment, training,
priviledges and powers of the gazetted officials of the Central Tibetan
Administration as determined by the Tibetan Assembly by law.
Article
103 Rules of Procedure and functions of the Public Service Commission
The Public Service Commission
shall formulate specific rules of procedure as determined by the Tibetan
Assembly, and following the consent of His Holiness the Dalai Lama, such
regulations shall come into full force.
Article
104 Salary of the Chairman of Public Service Commission
The Chairman of the Public
Service Commission shall be entitled to receive salary, allowances, pensions
and other priviledges as determined by the Tibetan Assembly according to
law. The salary, allowances and other priviledges of the Chairman and the
members of the Public Service Commission shall not be altered or reduced
to the detriment of his or her priviledges during the tenure of office.
Article
105 Term of Office of the Public Service Commission
1) The term of office of
the Chairman and the members of the Public Service Commission shall be
5 years, or his or her attainment of 65 years of age, as the case may be.
2) The Chairman, or any
and all of the members of the Public Service Commission may be removed,
if approved by a two-thirds majority of the total members of the Tibetan
Assembly, in consultation with the Kashag, and with the consent of H.H.
the Dalai lama.
3) No person, upon the completion
of his or her tenureship, retirement, resignation or removal as the Chairman
of the Public Service Commission shall be allowed to hold any office entitled
to benefit within the Tibetan Administration.
Chapter X The Tibetan Audit Commission
Article
106 The Tibetan Audit Commission
There shall be an independent
Tibetan Audit Commission to examine, in accordance with law, all income
and expenditure accounts of the Tibetan Administration in-exile, including
all Administrative Departments and establishments receiving economic or
financial assistance from the Tibetan Administration.
Article
107 Composition of the Tibetan Audit Commission
(1) There shall be an Auditor
General appointed by His Holiness the Dalai Lama.
(2) The Auditor General
shall, before taking his or her office, subscribe before His Holiness the
Dalai Lama, an oath and affirmation of office according to the form as
prescribed by law.
Article
108 Duties and Powers of the Tibetan Audit Commission
(1) The Tibetan Audit Commission
shall have exclusive authority to audit and investigate, according to law,
the entire fiscal record of the Tibetan Administration, including all Tibetan
Administrative Departments and establishments which are recipients of grants,
funds, or monies from the Central Tibetan Administration.
(2) The Tibetan Assembly
shall determine the specific regulations in respect to the audit procedures,
duties and powers of the Tibetan Audit Commission, and following the consent
of His Holiness the Dalai Lama, such regulations shall come into full force
and effect.
(3) The Tibetan Audit Commission
shall complete and return the annual Audit Report and Certified Accounts
to the respective Tibetan Administrative Departments within 7 months from
the day appointed in that behalf, at the end of each fiscal year; consequently,
the respective Tibetan Administrative Departments shall submit clarifications,
together with the Certified Accounts and Audit Report, within 9 months
at the end of each fiscal year to the Audit Commission.
Article
109 Salary and Allowances of the Auditor General
(1) The Auditor General
shall be entitled to receive salary, allowances, pensions and other priviledges
as determined by the Tibetan Assembly in accordance with law.
(2) The salary, allowances
and other priviledges of the Auditor General shall not be altered or reduced
to the detriment of his or her priviledges during the tenure of office.
Article
110 Tenure of the Auditor General
Unless a situation arises
which calls for the removal of the Auditor General by His Holiness the
Dalai Lama in consultation with the Kashag, or unless an resignation is
approved by more than two-thirds of the total members of the Tibetan Assembly,
and consented to by His Holiness the Dalai Lama, the maximum tenure of
the Auditor General shall be 10 years, or his or her attainment of 65 years
of age, as the case may be.
Chapter XI Amendment of the Charter and Transitional Provisions
Article
111 Amendment of the Charter
(1) Except in regard to
Article (3) and (4) of Chapter I, all Articles of Chapter II and III and
Article (19) of Chapter IV as prescribed in this Charter, any other provision
thereof may be altered, amended or revised, if necessary, by an act passed
by more than two-thirds of the total members of the Tibetan Assembly, and
with the assent of H.H. the Dalai Lama, in accordance with the law.
(2) Any provision in regard
to Article (3) and (4) of Chapter I, and all Articles of Chapter II and
III and Article (19) of Chapter IV as prescribed in this Charter, may be
amended or revised, if necessary, by an act passed by more than two-thirds
of the total members of the Tibetan Assembly and assented to by His Holiness
the Dalai Lama in accordance with the law.
Article
112 Referendum
His Holiness the Dalai Lama
may, if He thinks fit, direct that an act pertaining to the amendment of
this Charter be submitted for a referendum. Such an amendment shall be
considered unnecessary unless ratified by more than two-thirds of the total
number of Tibetan citizens qualified to vote.
Article
113 Transitional Provisions
Any resolution pertaining
to all administrative business and policy matters of Tibetans in-exile
which is ratified prior to the commencement and operation of this Charter
shall not be subjected to judicial proceedings before any Tibetan Justice
Commission under the pretext that such a decision is repugnant to any provision
of this Charter.
Article
114 Infrastructural Reorganisation
Any organisational or operational
alterations of any provision of this Charter shall commence within 90 days
from the day of the commencement of the operation of this Charter.
Article
115 Discrepancies Regarding the Translation
An official translation
of this document into English, or any other language, as approved by the
Tibetan Assembly shall be recognised as an accurate rendition. Provided
that if any discrepancies arise regarding the interpretation of the terms,
phrases and meanings of this document, the original Tibetan text shall
be considered as authoritative.
© 1994 - 15 Sep. 1998 / For corrections please contact A. Tschentscher.