Demand for an independent, uncontrolled
"right of legislation"
The "Memorandum" says, "Thus, whereas the
Constitution intends to recognize the special need for autonomous regions to
legislate on many matters that affect them, the requirements of Article 116 for
prior approval at the highest level of the Central Government -- by the Standing
Committee of the National People's Congress (NPC) -- inhibit the implementation
of this principle of autonomy." "The exercise of autonomy is further subject to
a considerable number of laws and regulations, according to Article 115 of the
Constitution.... The result is that the exact scope of the autonomy is unclear
and is not fixed."
It seems that the Dalai Lama side demands not only
the "power to legislate on all matters within the competencies of the region"
but the "legislative power" independent from the central authorities. Article 57
of the Constitution says that the NPC is the highest organ of state power, and
Article 58 says that the NPC and the NPC Standing Committee exercise national
The Constitution is the fundamental and supreme law
for a nation, and all laws and regulations, including autonomous regulations of
ethnic autonomous regions and separate provisions of ethnic autonomous regions
must not be contradictory to the Constitution. Meanwhile, regulations and
separate provisions of ethnic autonomous regions often involve adaptations of
state laws. It is reasonable that the Constitution demands for prior approval by
the NPC Standing Committee before the regulations become effective. The
procedure will not undermine the decision-making right of autonomous regions.
Instead, it grants the right with a higher level of legislative protection. The
"Memorandum" denies the supreme power of the NPC Standing Committee and demands
for legislative power that is equivalent to the state level. Is it compatible
with the Chinese Constitution?
Seeking for a "Greater Tibet" Without any
Historic, Realistic and Legal Basis
The "Memorandum" suggests, "The entire community,
comprising all the areas currently designated by the PRC as Tibetan autonomous
areas, should be under one single administrative entity. The current
administrative divisions, by which Tibetan communities are ruled and
administered under different provinces and regions of the PRC, foments
fragmentation, promotes unequal development, and weakens the ability of the
Tibetan nationality to protect and promote its common cultural, spiritual and
It is known to all that the administrative divisions
of Tibet and other areas inhabited by Tibetans have been formed since the Yuan
Dynasty (1271-1368), and the former local government of Tibet has never governed
any other Tibetan areas outside Tibet. In history, Tibetan people had lived in
different administrative regions, and they had formed close ties with other
ethnic groups living in the areas and formed regional cultures of different
The PRC, since its founding in 1949, has established
the Tibet Autonomous Region, 10 other Tibetan autonomous prefectures and
autonomous prefectures for both Tibetans and other ethnic groups, and two
Tibetan autonomous counties. All the Tibetan autonomous areas have adopted the
regional autonomy system for ethnic minorities.
Article 14 of the Law on Regional Ethnic Autonomy
says, "Once an ethnic autonomous area is established, it shall not be abolished
or merged without legislative process. Once the boundary of an ethnic autonomous
area is confirmed, it shall not be changed. If it is really necessary to
abolish, merge or change it, it must be done through sufficient consultation
between the relevant departments of the higher state organs and the autonomous
organ of the ethnic autonomous region and applied for approval according to
In this case, why has the Dalai side tried to create
a "Greater Tibet" that did not exist in history and has no realistic basis?
In the autobiography of the Dalai Lama, one sentence
exposes the "top secret." The Dalai Lama says that since the 1950s he has been
pondering on how to win independence for "Greater Tibet. "
There is a map of the "Tibetan State" he has imagined on the head page of his autobiography. In the hall of the so-called "Tibetan Government in Exile" in India's small town of Dharamsala, hung their dreamed-of "Map of the Tibetan State," which takes up about one quarter of China's territory. Apparently, the so-called "Greater Tibet" is a key component of the advocacy of the Dalai side to separate the nation, and its essence is "Tibetan independence."