Tibet
Charter of the Tibetans-in-Exile (1991) [p.131]
CHARTER OF THE TIBETANS-IN-EXILE
1991
Preface, and Contents linked by Chapter. Numbers after each Article title indicate page number in print version.
PREFACE
Whereas His Holiness the Dalai Lama has guided us towards a democratic system of government, 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 outside 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 promulgate and legalize this Charter of the Tibetans-in-Exile as their fundamental guide.
Adopted on June 14, 1991; Second Day of the Fifth Tibetan Month, 2118 Tibetan Royal Year.
CHAPTER - I
FUNDAMENTAL PRINCIPLES
Article 1 Commencement 135
Article 2 Jurisdiction 135
Article 3 Nature of the Tibetan Polity 135
Article 4 Principles of the Tibetan Administration 135
Article 5 Validity of the Charter 135
Article 6 Recognition of International and Local Law 135
Article 7 Renunciation of Violence and the Use of Force 135
Article 8 Citizen of Tibet 136
CHAPTER - II
FUNDAMENTAL RIGHTS AND DUTIES
Article 9 Equality before the Law 136
Article 10 Religious Freedom 136
Article 11 Right to Vote and Nomination of Candidates for the Assembly 136
Article 12 Other Fundamental Rights and Freedoms 136
Article 13 Obligations of Citizens 136
Article 14 Enforcement of Fundamental Rights and Duties 137
CHAPTER - III
DIRECTIVE PRINCIPLES OF THE TIBETAN ADMINISTRATION
Article 15 Achievement of the Common Goal and the Social
Welfare of the Tibetans in-Exile 137
Article 16 Social Welfare 137
Article 17 Education and Culture 137
Article 18 Health 138
CHAPTER - IV
THE EXECUTIVE
Article 19 Executive Power 138
Article 20 The Kashag and the Chief Kalon 138
Article 21 Election of the Kalons 138
Article 22 Tenure of Kashag 140
Article 23 Election of the Chief Kalon 140
Article 24 Tenure of the Chief Kalon 140
Article 25 Oath or Affirmation by the Chief Kalon and Kalons 140
Article 26 Salaries of the Chief Kalon and Kalons 140
Article 27 Meeting of the Kashag 140
Article 28 His Holiness the Dalai Lama's Summoning of the Kashag Meetings 140
Article 29 Obligations of the Kashag and Removal of Kalons 140
Article 30 Conduct of Business of the Tibetan Administration 141
Article 31 Council of Regency 141
Article 32 The Chief Regent of the Council of Regency 141
Article 33 Duties and Powers of the Council of Regency 141
Article 34 Dissolution of the Council of Regency and Removal of Regents 142
Article 35 Term of Office and Salary of Council of Regency 142
CHAPTER - V
THE LEGISLATURE
Article 36 Legislative Power 142
Article 37 Composition of the Tibetan Assembly 142
Article 38 Qualifications for Membership of the Tibetan Assembly 143
Article 39 Duration of the Tibetan Assembly 143
Article 40 Sessions of the Tibetan Assembly 143
Article 41 Special Sessions 143
Article 42 Standing Committee of the Tibetan Assembly 143
Article 43 His Holiness the Dalai Lama's Annual Address and Messages to the Tibetan Assembly 143
Article 44 Right of Admission of Kalons in the Tibetan Assembly Session 143
Article 45 The Speaker and Deputy Speaker of the Tibetan Assembly 143
Article 46 Priviledges of the Members of the Tibetan Assembly 144
Article 47 Oath or Affirmation by Members of the Tibetan Assembly 144
Article 48 Voting in the Tibetan Assembly 144
Article 49 Quorum of the Tibetan Assembly 144
Article 50 Salaries and Allowances of Members of the Tibetan Assembly 144
Article 51 Introduction and Passing of Bills 144
Article 52 Annual Budget of the Tibetan Administration 145
Article 53 Rules of Procedure of the Tibetan Assembly 145
Article 54 Restriction on Discussion 145
Article 55 Promulgation of Ordinances 145
Article 56 Referendum 145
Article 57 Dissolution of the Tibetan Assembly and Removal of a Member 146
Article 58 Non-Liability of the Proceedings of the Tibetan Assembly 146
Article 59 Special General Meeting 146
Article 60 Regional Committee of Bhod Rangwang Denpe Legul 146
Article 61 Office of the Secretary General 146
CHAPTER - VI
THE JUDICIARY
Article 62 Tibetan Supreme Justice Commission 147
Article 63 Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission 147
Article 64 A Committee of Jurors 147
Article 65 Salary of the Chief Tibetan Justice Commissioner 147
Article 66 Jurisdiction of the Tibetan Supreme Justice Commission 147
Article 67 Rules of Procedure and Code of Law of the Tibetan Supreme Justice Commission 148
Article 68 Obtaining Opinion from the Tibetan Supreme Justice Commission 148
Article 69 Tibetan Local Justice Commission 148
Article 70 Office of the Tibetan Judicial Administration 148
CHAPTER - VII
THE ADMINISTRATION OF TIBETAN SETTLEMENTS
Article 71 The Administration of Tibetan Settlements in Exile 148
Article 72 Tibetan Administrator and Assistant Administrator of the Tibetan Settlements 149
Article 73 Election of the Tibetan Administrators of the Tibetan Settlements 149
Article 74 The Appointed Tibetan Administrator and Appointed Assistant Tibetan Administrator 149
Article 75 Removal of Appointed Tibetan Administrators 149
Article 76 Tenure of the Tibetan Administrators 149
Article 77 Duties of the Tibetan Local Administrators and Assistant Tibetan Local Administrators 150
Article 78 The Tibetan Local Assembly of Tibetan Settlements 150
Article 79 Number of Members and Duration of the Tibetan Local Assembly 150
Article 80 Speaker and Deputy Speaker of the Tibetan Local Assembly 150
Article 81 Election Procedures of the Tibetan Local Assembly 150
Article 82 Powers of the Tibetan Local Assembly 150
Article 83 Voting in the Tibetan Local Assembly 150
Article 84 Quorum of the Tibetan Local Assembly 151
Article 85 Allowances of the Members of the Tibetan Local Assembly 151
Article 86 Annual Budget of the Tibetan Settlements 151
Article 87 Rules of Procedure of the Tibetan Local Assembly 151
Article 88 Right of Admission of the Tibetan Administrators and Assistant Tibetan Administrators 151
Article 89 Right to Make Proposals in the Tibetan Local Assembly 151
Article 90 Restriction on Discussion 151
Article 91 Removal of the Tibetan Administrator and Assistant Tibetan Administrator 151
Article 92 Dissolution of Tibetan Local Assembly and Removal of a Member of Tibetan Local Assembly 151
Article 93 Ownership and Administration of the Tibetan Co-operative Societies 152
Article 94 Tibetan Local Justice Commission 152
Article 95 Newly Constituted Tibetan Communities 152
CHAPTER - VIII
THE TIBETAN ELECTION COMMISSION
Article 96 Tibetan Central Election Commission 152
Article 97 The Chief Tibetan Election Commissioner and Functions of the Commission 152
Article 98 Salary of the Chief Commissioner of the Tibetan Central Election Commission 153
Article 99 Tenure of the Chief Commissioner of the Tibetan Central Election Commission 153
CHAPTER - IX
THE PUBLIC SERVICE COMMISSION
Article 100 Public Service Commission 153
Article 101 Composition of the Public Service Commission 153
Article 102 Duties and Powers of the Public Service Commission 153
Article 103 Rules of Procedure and Functions of the Public Service Commission 153
Article 104 Salary of the Chairman of Public Service Commission 153
Article 105 Term of Office of the Public Service Commission 153
THE TIBETAN AUDIT COMMISSION
Article 106 The Tibetan Audit Commission 154
Article 107 Composition of the Tibetan Audit Commission 154
Article 108 Duties and Powers of the Tibetan Audit Commission 154
Article 109 Salary and Allowances of the Auditor General 154
Article 110 Tenure of the Auditor General 154
CHAPTER - XI
AMENDMENT OF THE CHARTER AND TRANSITIONAL PROVISIONS
Article 111 Amendment of the Charter 154
Article 112 Referendum 155
Article 113 Transitional Provisions 155
Article 114 Infrastructural Reorganisation 155
Article 115 Discrepancies Regarding the Translation 155
Special Resolution 155
Appendix No.1(A) Oath of Affirmation of the Office of Kalon 156
Appendix No.1(B) Oath of Secrecy 156
Appendix No.2 Oath of Affirmation to the Office of The Assembly of Tibetan People's Deputies 156
Appendix No.3 Oath of Affirmation to the Office of the Speaker, OR Deputy Speaker of the Assembly of Tibetan People's Deputies 156
Appendix No.4 Oath of Affirmation to the Office of the Chief Tibetan Justice Commission 156
Appendix No.5 Oath of Affirmation to the Office of the Auditor General of the Tibetan Audit Commission 156
