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Perfecting the System of National Regional Autonomy
In 1966, "cultural revolution" was launched throughout
China, Tibet included. Like other parts of the country, Tibet suffered
from the "Leftist" ideological thinking. Such a chaotic
situation lasted until October 1976, when the reactionary "gang
of four" was toppled and the 10-year-long turmoil was terminated.
This was followed by the convocation of the Third Plenary Session
of the 11th Party Central Committee. From then on, China entered
a new phase of reform and opening up. Accordingly, the system of
national regional autonomy began to be implemented to the center
in areas where ethnic minorities live in compact communities.
In 1981, the Sixth Plenary Session of the 11th Party Central Committee
passed the Resolution on Certain Historical Problems of the Communist
Party of China Since the Foundation of the People's Republic of
China, which pointed out, "It is imperative to practice resolutely
national regional autonomy, to enforce the legal construction for
regional autonomy, and to guarantee the autonomous rights of regions
of ethnic minorities for implementing the policies of the Communist
Party of China and the State while taking their practical situation
into consideration."
The Constitution promulgated in 1982 not only reaffirmed some
important principles for the national regional autonomy as stated
in the Constitution promulgated in 1954, but also covered new issues
drawn from both positive and negative experiences in practicing
regional autonomy in the previous three decades. The 1982 Constitution
stipulates: The chairman or vice-chairman of the standing committee
of the People's Congress of an autonomous region should be local
citizen. Head of the autonomous region, prefecture or county should
be local citizen too. In areas where the national regional autonomy
is practiced, deputies to local People's Congress should in-dude
citizens of the ethnic groups practicing regional autonomy and an
appropriate number of citizens of other ethnic groups living in
these areas. The Constitution also rules that the State shall help
the minority areas speed up local economic and cultural development,
and train cadres, especially specialized personnel and skilled workers
of various professions and trades from among the ethnic group or
groups in those areas. The Constitution also provides definite stipulation
in the fields of economic construction, finance, education, sciences,
culture, health care, sports and the use of languages of ethnic
groups.
The Law on the National Regional Autonomy of the People's Republic
of China enacted in 1984 is subordinate only to the Constitution
in this regard. It offered a legal guarantee for the practice of
national regional autonomy in certain minority areas.
In accordance with the Constitution of the People's Republic of
China and the Law of the National Regional Autonomy in the People's
Republic of China, Tibet follows the system of the national regional
autonomy. Power organs were established for this purpose. Serfs
and slaves who lived at the bottom of the Tibetan society won emancipation,
and became masters of their own fate. They fully enjoy the democratic
right of making decisions for themselves. Many of them have become
leaders at various levels.
Since the founding of the Tibet Autonomous Region, the four chairmen
of the Standing Committee of the People's Congress of the Tibet
Autonomous Region and the five chairmen of the Tibet Autonomous
Region have been Tibetans. Statistics show that people from Tibetan
and other ethnic minorities account for 71.4 percent of the chairmen
and vice-chairmen of the Standing Committee of the People's Congress
of the Tibet Autonomous Region, and 8() percent of the members of
the Standing Committee, and 77.8 percent of thc chairmen and vice-chairmen
of the Autonomous Region. As a result of the elections at township,
county, prefectural (municipal) and regional levels in 1993, Tibetans
and people from other ethnic minorities accounted for 93.2 percent
of the staff' in State organs at the four levels, and 99.8 percent
of township heads and 98.6 percent of county
heads. In addition, they also accounted for 96 percent of the presidents
of the people's courts and procurators-generals of the people's
procuratorates at regional, prefectural (municipal) and county levels.
According to 1996 statistics, cadres from the Tibetan and other
ethnic minorities accounted for 73.8s percent of the total in the
Tibet Autonomous Region.
The People's Congresses set up at various levels constitute the
fundamental guarantee for Tibetans and other ethnic minorities in
the Tibet Autonomous Region to exercise autonomous rights. The People's
Congress of the Tibet Autonomous Region is the legal institution
for Tibet to practice regional autonomy and for people of Tibetans
and other ethnic nationalities in the region to enjoy their democratic
rights. In accordance with the Constitution of the People's Republic
of China and the Law of the People's Republic of China on Regional
Autonomy, areas which practice national regional autonomy shall
function like power organs at the same level, and enjoy the rights
of managing their own affairs in the political, economic, cultural
and social field.
The practice of national regional autonomy has guaranteed the
political rights of the people in Tibet. All citizens in Tibet aged
I 8 or above enjoys the right to vote and the right to stand for
election regardless of nationality, race, sex, occupation, family
origin, religious belief education, possession or length of residence.
They elect their own representatives, and set up people's congresses
at each level, to exercise the right of managing state and local
affairs. During the elections at the township, county, prefectural
(municipal) and autonomous regional levels in 1993 in Tibet, there
were a total of 1,311,085 eligible voters, accounting for98.6 percent
of the population over the age of I 8. Of this number, 91.percent
took part overall, although he percentage reached 100 in some areas.
As the staff of the power organs in the autonomous region, deputies
to he people's congress at various 1evels in Tibet have seen elected
six times in the past 30 sears. After the elections of the people's
congresses in 1993, in Tibet there were 450 deputies elected to
the regional people's congress. 2,220 to the prefectural (municipal)
people's congresses, 6,411 to the county people's congresses and
3 I 650 to the township people's congresses.
Of the deputies to the people's congresses at the regional and prefectural
(municipal) levels, over 80 percent are of Tibetan or other ethnic
minorities, and the percentage rises to over 90 percent at county
and township levels. Even though some ethnic minorities, such as
Moinba and Lhoba, have an extremely small population, they still
have their own deputies to the PRC National People's Congress and
to the people's congresses at various levels in Tibet. Such a composition
fully displays the principle of equality among all nationalities
in China.
Since the First People's Congress of the Tibet Autonomous Region,
deputies to the People's Congress have put forward nearly 4,000
notions concerning principles and policies, fully conveying the
wishes and requirements of the people from all ethnic groups.
In July 1987, the Fifth Session of the Fourth People's Congress
of the Tibet Autonomous Region listened to the Suggestions on Learning,
Using and Developing the Tibetan Writing in the Tibet Autonomous
Region. The Suggestions, put forward by Ngapoi Ngawang Jigmei and
the 10th Panchen Erdeni, pointed out that to learn, use and develop
the Tibetan writing, is related to scientifically researching, handing
down and developing the excellent cultural traditions of Tibet,
to fully exercising the autonomous rights of the Tibetan people
as authorized by the PRC Constitution, and to the improvement of
the Tibetans' scientific and cultural qualities and to the development
and progress of all Tibetans. The deputies present at the session
carefully discussed the Suggestions, and passed by consensus Regulations
Concerning Learning, Using and Developing the Tibetan Writing in
the Tibet Autonomous Region. According to the Regulations, the
Tibetan and Chinese languages are of equal importance, with the
Tibetan language occupying the major position. The Tibetan language
is a standard language throughout the Tibet Autonomous Region, and
all resolutions, regulations and statutes passed by the People's
Congress and the formal documents and announcements of government
at various levels should be written in both the Tibetan language
and Chinese during legal activities, if one party to the court proceedings
is Tibetan, the case will be heard in the Tibetan language, and
all the legal documents accordingly will be written in the Tibetan
language; all the radio and TV programs and newspapers will use
both the Tibetan language and Chinese, and the State organs. roads
and infrastructure will be marked by both the Chinese and Tibetan
languages. Any Tibetans doing academic. cultural and artistic work
are authorized to write or publish their works in the Tibetan language.
After being promulgated, the Regulations were cordially supported
and warmly embraced by the Tibetan people, and the work for learning,
using and developing the Tibetan language gained momentum.
Deputies to the people's congresses at various levels also put
forward a lot of proposals and suggestions for promoting the excellent
cultural traditions of ethnic groups. During the First Session of
the Fourth People",: Congress of the Tibet Autonomous Region
held in 1983, the deputies raised 51 proposals and suggestions in
this regard, accounting for 21.4 percent of the total. In 1985,
some deputies put forward the Proposal for Establishing a Tibetan
Library and the Pmposal for Establishing the School for Tibetan
Medicine. In 1987, some deputies proposed to further repair the
tombs of Tibetan kings. The related departments of the people's
government of the Tibet Autonomous Region paid great attention to
these ideas and all have been adopted.
The autonomy of various power organs in the autonomous regions
finds expression in their legislative power. The PRC Constitution
stipulates. "The People's Congress of an autonomous region
has the power to enact regulations on the exercise of autonomy and
other separate regulations in light of the political, economic,
and cultural characteristics of the ethnic group or groups in the
area concerned ."In addition. a wide range of PRC laws. such
as the Marriage Law. Law of Inheritance. Criminal Law, General Rules
of the Civil Law. Law of Civil Procedure. Forest Law, Law of Adoption.
also grant special rights to the People's Congress and its Standing
Committee in autonomous regions to make appropriate substitute or
supplementary regulations by observing the basic principles of the
laws and the practical situations in these regions. In other words,
in accordance with the Constitution and other laws of the State,
the Tibet Autonomous Region enjoys not only the power to enact rules
and regulations as various ordinary administrative regions enjoy.
but also the power to enact regulations for self-government in the
autonomous regions. So, autonomous regions claim double legislative
power. Since such regulations contain stipulations which are a change
of clauses of the basic laws, they are next only to the Constitution,
but higher than local regulations in legal effect.
Incomplete statistics show, since the establishment of the Tibet
Autonomous Region in 1965, the People's Congress of the Tibet Autonomous
Region and its Standing Committee has promulgated over 80 local
regulations and decisions with legal effect, covering the construction
of political power, economic development, culture and education.
Language, judicature, protection of cultural relics, and protection
of wild life. They include the Regulations on Environmental Protection
in the Tibet Autonomous Region, Working regulations of People's
Congress at Township and County Levels n the Tibet Autonomous Region,
and Rules for Enforcing the Checking and Supervision of the Implementation
of Laws and Regulations. They offer a legal guarantee for speeding
up the construction of a new Tibet. In addition to holidays enjoyed
in the other parts of China, the Tibetans also celebrate the Tibetan
New Year, the Shoton (Sour Milk Drinking) Festival and some other
traditional festivals. Out of consideration for the special geographical
factors in Tibet, the autonomous region decides laborers' work time
at 35 hours per week, five hours less than the legal standard for
the other parts of China. The Central People's Government also decided
that with the prerequisite of observing the Constitution and safeguarding
the unification of the motherland and national unity, the Tibet
Autonomous Region is authorized to be flexible in carrying out some
related laws and regulations of the country by taking the practical
situation of Tibet into consideration. Such a privilege is not granted
to other autonomous regions let alone provinces and municipalities
directly under the Central People's Government.
For example, on April 18,1981, the fifth session of the Standing
Committee of the Third People's Congress of the Tibet Autonomous
Region adopted the Regulations of the Tibet Autonomous Region on
the Accommodation of the PRC Marriage Law. According to the Regulations,
the basic principles of the Marriage Law be followed to promote
freedom of marriage and monogamy, and the old customs of polyandry
and polygamy be abolished. In the meantime, bearing in mind that
such customs still prevail among a certain proportion of Tibetans,
the Regulations allow such marriages to continue if they took place
before the Regulations came into effect, so long as all the parties
involved wish it. In practice, few Tibetans now prefer to follow
the traditional customs, having been educated and persuaded to monogamy.
However, the continuation of the old style marriage customs will
not incur a bigamy charge. This is another important point in Tibet,
differing from other parts of China .The Regulation have not only
safe guarded the serious. nature of the Mar riage Law, by in sisting
on the principles of freedom of marriage and monogamy and abolishing
feuda marriages, but ha, also taken into con sideration historical
facts and the customs of a certain part of the local population.
In old Tibet the vast number of serfs and slaves were deprived
of personal freedom and basic human rights. The fate of women was
the more miserable. According to the 13-Article Code and the 16-Article
Code, which were in force in Tibet over 1,000 years until 1951,
Tibetans were divided into nine ranks of three classes, with women
listed into the lowest rank in the lowest class. They stated clearly,
"The life value of people in the lowest ranks of the low class,
such as women, butchers, hunters, blacksmiths, is worth one piece
of grass rope." Other laws banned slaves and women in participating
in political and military affairs."
The situation lasted until the founding of New China in 1949,
the Democratic Reform in 1959 in Tibet. The people's government
of the Tibet Autonomous Region has enacted over 10 varieties of
rules and regulations for the protection of the legal rights and
interests of women. Like women of other ethnic groups throughout
China, female Tibetans enjoy full democratic rights equal to males.
They include political rights the right of receiving education,
labor rights, the right of property possession, personal rights,
and marriage and family rights. According to 1996 statistics, 20
percent of the deputies to the People's Congress of the Tibet Autonomous
Region were female and there were 573 female officials at and above
county level in Tibet. For the first time in Tibetan history, there
were female Tibetan judges, procurators, police, lawyers, entrepreneur
and scientists, and some Tibetan girls studying in foreign countries.
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