{ Adopted by the Assembly of Tibetan People's Deputies: 14 June 1991 }
{ ICL Document Status: 14 June 1991 }
{ Official Title: Charter of the Tibetans In-Exile }
{ Editor's Note
This is not an official version. }
Preamble
Whereas His Holiness the Dalai lama has offered a democratic
system to Tibetans, in order that the Tibetan People in-Exile be
able to preserve their ancient traditions of spiritual and temporal
life, unique to the Tibetans, based on the principles of peace
and non-violence, aimed at providing political, social and
economic rights as well as the attainment of justice and equality
for all Tibetan people.
Whereas efforts shall be made to transform a future Tibet into a
Federal Democratic Self-Governing Republic and a zone of
peace throughout her three regions.
Whereas in particular, efforts shall be made in promoting the
achievement of Tibet's common goal as well as to strengthen
the solidarity of Tibetans, both within and out of Tibet, and to
firmly establish a democratic system, suitable to the temporary
ideals of the Tibetan people; the Eleventh Assembly of Tibetan
People's Deputies do hereby take over Legislative powers,
promulgate and legalize this Charter of the Tibetans in-Exile as
their fundamental guide.
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.
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.
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.
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.
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.
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.
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.
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.