Special report: Tibet: Its Past and Present
by Yiduo
BEIJING, Nov. 21 (Xinhua) -- At a press conference of
the State Council Information Office on Nov. 10, Zhu Weiqun, executive vice
director of the United Front Work Department (UFWD) of the Communist Party of
China (CPC) Central Committee, UFWD Vice Director Sita and Executive Vice
Chairman of the Tibet Autonomous Region Government Pelma Trilek briefed media on
their talks with private representatives of the Dalai Lama from Oct. 30 to Nov.
5.
Zhu said the Dalai Lama's private representatives
presented the central government a "Memorandum on Genuine Autonomy for the
Tibetan People", which has drawn wide attention. On November 16, the Dalai side
held a press conference in India. They distributed the "Memorandum," and claimed
that it was completely in accordance with relevant clauses of China's
Constitution and law and it could meet Tibetan people's demands of special
interests, if it was implemented substantially.
After a careful reading of the "Memorandum" and
checking it against relevant Chinese laws, I found that contradictions with
China's Constitution and laws were everywhere in the
"Memorandum."
Denial of China's regional autonomy system
for ethnic minorities
The "Memorandum" suggests, "The exercise of genuine
autonomy would include the right of Tibetans to create their own regional
government and government institutions and processes that are best suited to
their needs and system compatible to their own requirements and characteristics.
It would require that the People's Congress of the autonomous region have the
power to legislate on all matters within the competencies of the region."
The so-called local "matters" listed by the
"Memorandum" are 11 issues such as language, culture, religion, education,
environmental protection, utilization of natural resources, economic development
and trade, public health, public security, administrative regulations on
migrants, and exchanges with foreign countries. It also says that the central
and local governments should set up a way to jointly solve issues of common
concern and common interest and neither the central government nor the
autonomous region could change the basic clauses of regional autonomy without
the consent of the other side.
To say it straight, it is what the Dalai Lama has
repeatedly emphasized in recent years, "Except for foreign affairs and defense,
all other issues should be given charge and full authority to Tibetans," and
Tibet should follow the method of "One Country, Two Systems" and adopt "genuine
autonomy, " and its "autonomous right" should be broader than that applied to
Hong Kong and Macao.
China is a unitary nation, unlike some nations that
are federal states or confederations. Article 3 of the Chinese Constitution
says, "The division of functions and powers between the central and local State
organs is guided by the principle of giving full scope to the initiative and
enthusiasm of the local authorities under the unified leadership of the central
authorities."
Article 15 of the Law on Regional Ethnic Autonomy
says, "The people's governments of all national autonomous areas shall be
administrative organs of the State under the unified leadership of the State
Council and shall be subordinate to it." There are no such problems as equal
"negotiations" between the central and the local governments, seeking for mutual
"consent" from one another, and establishing a "way to jointly resolving
(problems). "
China has established a regional autonomy system for
ethnic minorities, which is cordially supported by people of all ethnic groups.
The legislative framework of the Chinese regional ethnic autonomy has been well
established and the legal system is being improved constantly. To date,
government departments concerned have issued 22 supplementary documents, while
the whole country has stipulated 134 provisions on autonomy, 429 separate
provisions, and 74 supplementary regulations for the Law on Marriage and the Law
on Election.
Since the founding of the Tibet Autonomous Region in
1965, people of different ethnic groups have actively participated in the
management of the national and regional affairs, by fully practicing their
autonomous rights endowed by the Constitution and law.
Of the deputies of all the previous regional people's
congresses, those from Tibetan and other ethnic groups have always accounted for
80 percent or more, while all the chairmen of the regional people's congresses
and regional people's governments have been Tibetans. The regional people's
congress and its standing committee have stipulated 253 local laws, regulations
and separate provisions, involving politics, the economy, culture, and
education.
The regional autonomy system for ethnic minorities is
the basic policy for the country on ethnic issues, and it is a fundamental
political system for the country. Both the Constitution and the Law on Regional
Ethnic Autonomy have defined clearly the right of autonomy of all the autonomous
regions.
Unlike Hong Kong and Macao, Tibet does not have the problem of restoring the sovereignty and practicing a different social system, and thus it can not copy the models of "One Country, Two Systems," "Hong Kong People Govern Hong Kong," "Macao People Govern Macao," and "A High Degree of Autonomy." By proposing the so-called "Genuine Autonomy" in the name of the Chinese Constitution, the Dalai Lama in fact attempted to deny China's regional autonomy system for ethnic minorities and the unified leadership of the central authorities, and set up another system according to their "political design."
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