Tibet is an area where the Tibetans live in compact communities,
with people of the Tibetan ethnic group making up 95 percent
of the total population of 2.44 million in the autonomous
region, and the people of the Han and other ethnic groups
accounting for only five percent. According to the Constitution
of the People's Republic of China, the state practices the
ethnic regional autonomy system in Tibet, which has been
established as the Tibet Autonomous Region, and safeguards,
according to law, the political rights of the people of
all ethnic groups in Tibet to participate in administration
of state and local affairs on an equal basis, especially
the Tibetan people's autonomous right to independently administer
local and ethnic affairs. Practicing ethnic regional autonomy
in areas where people of ethnic minorities live in compact
communities is a major political system of China and a basic
policy of the Chinese Government for solving problems relating
to ethnic affairs.
In April 1956, the Preparatory Committee for the Tibet
Autonomous Region was set up in accordance with the Central
Government's decision. The Tibet Autonomous Region was formally
founded in 1965, with Ngapoi Ngawang Jigme as the first
chairman of the Region. As the organs of self-government,
the Tibet Autonomous Regional People's Congress and the
Regional People's Government exercise the power of autonomy
according to law. In accordance with the Chinese Constitution
and the Law on Ethnic Regional Autonomy, all areas entitled
to ethnic regional autonomy enjoy the extensive rights of
autonomy, involving legislation, the use of local spoken
and written languages, the administration of personnel,
the economy, finance, education and culture, the management
and development of natural resources, and other aspects.
The Tibet Autonomous Regional People's Congress and its
Standing Committee -- the local organs of state power in
Tibet -- fully exercise the power of autonomy bestowed by
the Constitution and law, and have actively formulated laws
and regulations appropriate to local ethnic and regional
characteristics. Between 1965 and 1992 more than 60 local
laws and regulations were worked out, such as the Rules
of Procedure of the People's Congress of the Tibet Autonomous
Region and the Regulations on the Study, Use and Development
of the Tibetan Language in the Tibet Autonomous Region (for
trial implementation). In recent years the Region has formulated
23 local laws and regulations, made 21 legal decisions,
and cleared up or revised 23 laws and regulations involving
politics, the economy, culture, education, environmental
protection and other fields, including the Regulations of
the Tibet Autonomous Region on Environmental Protection,
the Regulations of the Tibet Autonomous Region on the Work
of Town and Township People's Congresses and the Regulations
on Enhancing the Examination and Supervision of the Implementation
of the Laws and Regulations. In addition, rules for the
implementation of 14 national laws and regulations conforming
to the local features of Tibet have been drawn up. The legislative
and administrative organs of the Tibet Autonomous Region
have designated the Tibetan New Year, the Sholton and other
traditional festivals of the Tibetan ethnic group as the
Region's holidays, in addition to the official national
holidays. In accordance with the special natural and geographical
conditions of Tibet, the autonomous region has decreed a
work week of no more than 35 hours, five hours less than
the official national work week for workers and staff. According
to statistics, the number of laws and regulations worked
out since 1992 by the People's Congress of the Tibet Autonomous
Region and its Standing Committee to safeguard the interests
of the Tibetan people in light of the actual conditions
in Tibet exceeds the total formulated during the 12 years
preceding 1992.
The chairman of the Standing Committee of the Tibet Autonomous
Regional People's Congress and the chairman of the Tibet
Autonomous Region are both citizens of the Tibetan ethnic
group. Both the Chinese Constitution and the Law on Ethnic
Regional Autonomy specify that the chairmen or vice-chairmen
of the standing committees of the people's congresses of
ethnic autonomous areas shall be citizens of the ethnic
group or groups exercising regional autonomy in the area
concerned. The chairman of an autonomous region, the governor
of an autonomous prefecture and the head of an autonomous
county shall be a citizen of the ethnic group exercising
regional autonomy in the area concerned. Since the founding
of the Tibet Autonomous Region all the four chairmen of
the Standing Committee of the People's Congress of the Tibet
Autonomous Region and five chairmen of the Region have been
Tibetan citizens. According to statistics, members of the
Tibetan and other ethnic minorities now account for 71.4
percent of the chairman and vice-chairmen of the Standing
Committee of the People's Congress of the Tibet Autonomous
Region; for 80 percent of the members of the Standing Committee
of the Autonomous Regional People's Congress; and for 77.8
percent of the chairman and vice-chairmen of the Tibet Autonomous
Region. After the election of members to succeeding governments
at the township (town), county, prefectural (city) and autonomous
regional levels in 1993, members of the Tibetan and other
ethnic minorities accounted for 93.2 percent of the component
members of the organs of state power at these four levels,
respectively for 99.8 percent and 98.6 percent of the township
(town) and county heads elected, and respectively 96 percent
and 89 percent of the presidents of the people's courts
and the procurators of the people's procuratorates at the
autonomous regional, prefectural (city) and county levels.
Further progress has been made in the training and selection
of cadres of Tibetan and other ethnic minorities in Tibet
since 1992. According to 1996 statistics the number of cadres
belonging to the Tibetan and other ethnic minorities in
Tibet had increased by 18.22 percent over the 1992 figure,
making up 73.88 percent of the total and showing an increase
of 4.48 percentage points over the figure for 1992.
Guaranteeing the study and use of the Tibetan language
is an important aspect of safeguarding the Tibetan people's
right to autonomy and exercising their right to participate
in the administration of state and local affairs. The Chinese
Constitution specifies that all ethnic groups have the freedom
to use and develop their own spoken and written languages.
China's Law on Ethnic Regional Autonomy stipulates that
in performing their functions, the organs of self-government
of every ethnic autonomous area, in accordance with the
regulations on the exercise of autonomy in those areas,
employ the spoken and written languages or languages in
common use in the locality. Accordingly, the Regulations
on the Study, Use and Development of the Tibetan Language
(for trial implementation) adopted by the Tibet Autonomous
Regional People's Congress clearly specifies that both Tibetan
and Chinese should be used in the Tibet Autonomous Region,
with precedence given to the Tibetan language. The Tibetan
language is the common language for the whole autonomous
region. The resolutions, laws, regulations and decrees adopted
by the people's congresses, and official documents and proclamations
issued by governments at all levels in the Region are in
both Tibetan and Chinese. In court cases involving Tibetans,
the Tibetan language must be used in hearing cases, and
legal documents must be written in the Tibetan language.
Newspapers, magazines, and radio and television stations
also use both Tibetan and Chinese languages. All signs and
marks of government institutions, streets, roads and public
facilities are in both Tibetan and Chinese scripts. Tibetan
academic, cultural and art workers have the right to write
and publish their academic or artistic works in their own
language.
The implementation of the ethnic regional autonomy system
has further guaranteed the political rights of the Tibetan
people, which is in marked contrast to the situation in
old Tibet.
Before the Democratic Reform of 1959 Tibet had long been
a society languishing under a system of feudal serfdom which
intertwined politics with religion, a society which was
even darker than the European society of the Middle Ages.
The serfs and slaves, making up 95 percent of the total
population of Tibet, were completely deprived of personal
freedom and political rights. The serf owners considered
serfs and slaves as their private property, so they could
trade and transfer them, present them as gifts, make them
mortgages for debts and exchange them. It was not until
1959 that the 13-Article Code and 16-Article Code, which
had been practiced for several hundred years in old Tibet,
were abolished, by which codes the Tibetan people were divided,
in explicit terms, into three classes and nine ranks and
put on an unequal footing in legal status. The codes specified
that the lives of people of the highest rank of the upper
class, such as a prince, were literally worth their weight
in gold, whereas the lives of people of the lowest rank
of the lower class, such as women, butchers, hunters and
craftsmen, were worth no more than the price of a straw
rope. Th serf owners safeguarded the feudal serfdom with
savage punishments; they would frequently punish serfs and
slaves by gouging out their eyes, cutting off their ears,
arms or legs, drowning them or inflicting other terrible
penalties.
Since the Democratic Reform abolished the feudal serf system,
the Tibetan people, like the people of all other ethnic
groups throughout the country, have become the masters of
their state and society, and won the political rights enjoyed
by all citizens as stipulated in the Chinese Constitution
and law.
All citizens in Tibet who have reached the age of 18 have
the right to vote and stand for election, regardless of
ethnic group, race, sex, occupation, family background,
religious belief, education, property status or length of
residence. They elect their own deputies and exercise the
power to administer state and local affairs through the
people's congresses elected by them. According to statistics,
in 1993 when the succeeding township, county, prefectural
(city) and autonomous regional people's congresses were
elected, Tibet had 1,311,085 voters, making up 98.6 percent
of all citizens at or above 18 years of age, 91.6 percent
of whom participated in the elections. In some places 100
percent of the voters took part in the elections. Meanwhile,
the Chinese Constitution and Electoral Law clearly specify
that the National People's Congress, the highest organ of
state power, should include an appropriate number of ethnic
minority deputies. The Electoral Law contains special regulations
to promote the election of deputies from among ethnic minorities.
For example, it stipulates that where the total population
of an ethnic minority in an area where that ethnic minority
lives in concentrated communities exceeds 30 percent of
the total local population, the number of people represented
by each deputy of that ethnic minority shall be equal to
the number of people represented by each of the other deputies
to the local people's congress; and that where the total
population of an ethnic minority in such an area is less
than 15 percent of the total local population, the number
of people represented by each deputy of that ethnic minority
may appropriately be less than the number of people represented
by each of the other deputies to the local people's congress.
The ethnic minorities, who make up 8 percent of the total
population in China, now account for well over 14 percent
of the total number of deputies to the National People's
Congress. At present, Tibet has 20 deputies to the Ninth
National People's Congress, 80 percent of whom are from
the Tibetan or other ethnic minorities. Though the Moinba,
Lhoba and other ethnic minorities in Tibet have small populations,
each of them has its own deputies to the National People's
Congress as well as to the people's congresses at all levels
in Tibet. The Living Buddha Phabala Geleg Namgyal is vice-chairman
of the Standing Committee of the Eighth National People's
Congress.
Personages of all strata and all circles in Tibet also
participate in the administration and discussion of state
affairs, and exercise their democratic rights through attending
the political consultative conferences at all levels. Now
a number of personages of ethnic minorities origin and religious
figures from Tibet are members of the National Committee
of the Chinese People's Political Consultative Conference
(CPPCC) or its Standing Committee, with Ngapoi Ngawang Jigme
serving as vice-chairman of the CPPCC National Committee.
Since its founding in 1959, the CPPCC Tibetan Committee
has recruited large numbers of people of the Tibetan and
other ethnic minorities, as well as religious figures. Now
several hundred ethnic-minority people and religious figures
are members of the CPPCC Tibet Committee. Even some people
who were nobles of the old Tibetan government, such as Lhalu
Tsewang Dorje and Domed Konchok Palmo, are currently vice-chairmen
of the Tibet Autonomous Region's Political Consultative
Conference. The legal codes of old Tibet stipulated: "Women
are not to be granted the right to discuss state affairs."
This situation is now no longer to be found in new Tibet.
In 1996 female deputies to the Tibet Autonomous Region People's
Congress made up 20 percent of the total. Now Tibet has
573 women cadres at or above the county level, and some
Tibetan female judges, procurators, police officers and
lawyers for the first time in Tibetan history.
Most staff members of the judiciary of the Tibet Autonomous
Region are Tibetans or members of local ethnic minorities.
Strictly in accordance with the Constitution and laws, the
judicial departments of the Tibet Autonomous Region protect
the basic rights and freedoms, and other legal rights and
interests of the citizens of all ethnic groups in Tibet.
They also protect public property and the lawful private
property of the citizens, punish those law-breakers who
endanger society, and maintain social order according to
law. Both the crime and imprisonment rates of the Tibet
Autonomous Region are lower than the nation's average. The
legal rights of criminals are protected by law, and those
who belong to ethnic minorities or religious sects are not
discriminated against, but due consideration is given to
their lifestyles and customs. The government guarantees
the provision of food, clothing, shelter and articles of
daily use for prison inmates. Each prison in Tibet has separate
dining facilities and diets for inmates of different ethnic
groups and provides for them zanba (roasted highland barley
flour), buttered tea, sweet tea, etc. every month. Each
prison has a clinic, and the number of prison doctors is
higher than the nation's average. Criminals enjoy rest days,
holidays and traditional ethnic festivals, in accordance
with the state's unified regulations. Prisoners may see
visitors every month, may win a reduction of penalty or
be released on parole, and may be given various awards according
to law.