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 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.
Chapter I Fundamental Principles
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.
Chapter II Fundamental Rights and Duties
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.
Chapter III Directive Principles of the
Tibetan Administration
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.
Chapter IV The Executive
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.
Chapter V The Legislature
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.
Chapter VI The Judiciary
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.
Chapter VII The Administration of
Tibetan Settlements
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.
Chapter VIII The Tibetan Election
Commission
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.
Chapter IX The Public Service Commission
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.
Chapter X The Tibetan Audit Commission
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.
Chapter XI Amendment of the Charter and
Transitional Provisions
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.
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