Tibet Justice Center's Legal Materials is a one-stop resource for legal materials on Tibet. This compilation of legal documents includes United Nations resolutions and reports; important laws, treaties, statements, and papers from Tibet and China; laws, resolutions, and memoranda of other countries; and reports from non-governmental organizations. We also include a new Key Documents Collection of the most notable of these materials.
- Key Documents Collection
- United Nations
- Tibet
- China
- United States
- Great Britain/United Kingdom
- Australia
- European Parliament
- Germany
- Other Governmental Bodies
- Governmental & Nongovernmental Organizations
- Other Relevant Treaties, Resolutions, Conventions, and Decisions
- Acknowledgements and Prefaces for first, second, and third editions
Numbers in brackets (e.g. [p.1]) indicate page in print version.
Key Documents Collection
- Sino-Tibetan Treaty, 821/823 A.D.
- Affirmation of Independence Issued by His Holiness the Dalai Lama XIII (1913)
- Treaty of Friendship and Alliance Between the Government of Mongolia and Tibet (1913)
- Convention Between Great Britain, China, and Tibet, at Simla (1914)
- Memorandum of British Foreign Secretary to Chinese Foreign Minister ("Eden Memorandum") (1943) stating Britain's position on Tibet's de facto independence
- Canada: Declassified Canadian Government File on Tibet, 1944 - 1969 including memorandum from the Secretary of State for External Affairs stating that Tibet is "qualified for recognition as an independent state," dated November 21, 1950 (p. 10).
- Letter from Tibetan Government to New Communist Government in China (1949)
- Appeal by His Holiness the Dalai Lama of Tibet to the United Nations (1950)
- United States: State Department, Office of the Historian: Foreign Relations of the United States, 1949, Vol. IX (Status of Tibet: Consideration of Policy of the United States in View of Tibetan Claim of Independence and Danger to Tibet From Communist-Dominated China)
- CJ Report on Tibet and China (excerpt) (1960) addressing the questions of genocide and the status of Tibet
- United Nations G.A. Resolution 1723 (XVI) on Tibet (1961), calling for the Tibetan people's right to self-determination
- United States: Congressional Resolution
- S. Con. Res 41 (1991) - expressing the sense of Congress that Tibet is an occupied country
- United States: P.L. 107-228, the Tibetan Policy Act of 2002, codifying U.S. policy on Tibet
- Spain: National Court: Writ of Acceptance, Universal Jurisdication Case Alleging Genocide, Crimes Against Humanity, and Torture in Tibet (2006)
- United Nations: Joint Statement of UN Human Rights Experts on Tibet (2008)
- United States: State Department Human Rights Report: Tibet (2008)
- United States: Congressional-Executive Commission on China: Tibet Report (2008)
- Gongmeng Law Research Center : An Investigative Report Into the Social and Economic Causes of the 3.14 Incident in Tibetan Areas (2008) (here is the Chinese version)
- United States: Congressional Research Service: The Tibetan Policy Act of 2002: Background and Implementation (2009)
- United States: State Department: Report on Tibet Negotiations (2009)
United Nations
- Universal Declaration of Human Rights (1948) [p.1]
- Appeal by His Holiness the Dalai Lama of Tibet to the United Nations (1950) [p.5]
- United Nations G.A. Resolution 1353 (XIV) on Tibet (1959) [p.7]
- United Nations G.A. Resolution 1514 (XV) on Independence for Colonized Peoples (1960) [p.8]
- United Nations G.A. Resolution 1723 (XVI) on Tibet (1961) [p.10]
- United Nations G.A. Resolution 2079 (XX) on Tibet (1965) [p.11]
- Commission on Human Rights: Sub-Commission Resolution 1991/10: Situation in Tibet [p.12]
- Secretary-General's Report: Situation in Tibet, E/CN.4/1992/37 [p.13]
- Report: Special Rapporteur on Torture, E/CN.4/1995/34 (excerpt) [p.61]
- Report: Working Group on Enforced Disappearances, E/CN.4/1995/36 (excerpt) [p.64]
- Report: Special Rapporteur on Extrajudicial Executions, E/CN.4/1995/61 (excerpt) [p.66]
- Report: Special Rapporteur on Religious Intolerance, E/CN.4/1995/91 (excerpt) [p.68]
- Report: Special Rapporteur on Religious Intolerance, Addendum, E/CN.4/1995/91/Add.1 (excerpt) [p.83]
- Report: Committee against Torture, A/51/44 (1996) (excerpt) [p.89]
- Concluding Observations of the UN Committee On Racial Discrimination 1996 (excerpt) [p.91]
- Concluding Observations of the UN Committee on the Rights of the Child (1996) (excerpt) [p.94]
- Report: Special Rapporteur on Extrajudicial Executions, E/CN.4/1996/4 (excerpt) [p.95]
- Report: Special Rapporteur on Torture, E/CN.4/1996/35 (excerpt) [p.97]
- Report: Special Rapporteur on Torture, Addendum, E/CN.4/1996/35/Add.1 (excerpt) [p.98]
- Report: Working Group on Enforced Disappearances, E/CN.4/1996/38 (excerpt) [p.101]
- Report: Working Group on Arbitrary Detention, E/CN.4/1996/40 (excerpt) [p.103]
- Report: Special Rapporteur on Religious Intolerance, E/CN.4/1996/95 (excerpt) [p.105]
- Concluding Observations of the UN Committee on the Rights of the Child (2005)
- Concluding Observations of the Committee Against Torture (2008)
- Joint Statement of UN Human Rights Experts on Tibet (2008)
- Concluding Observations of the Committee on the Elimination of Racial Discriminiation (2009)
Tibet
- Proclamation Issued by His Holiness the Dalai Lama XIII (1913) [p.106]
- Constitution of Tibet (1963) [p.108]
- Five Point Peace Plan (1987) [p.123]
- Strasbourg Proposal (1988) [p.127]
- Strasbourg Proposal No Longer Binding (1991) [p.130]
- Charter of the Tibetans-in-Exile (1991) [p.131]
- Letter of His Holiness the Dalai Lama to Deng Xiaoping (1992) with Annotation [p.158]
- Future Polity of Tibet (Address by His Holiness the Dalai Lama) (1994) [p.165]
- 35th Annual March 10 Statement of His Holiness the Dalai Lama (1994) [p.169]
- 36th Annual March 10 Statement of His Holiness the Dalai Lama (1995) [p.171]
- 37th Annual March 10 Statement of His Holiness the Dalai Lama (1996) [p.174]
- Twelfth Assembly of Tibetan People's Deputies Resolution (1995) [p.177]
China
- Agreement Between the Chinese and Tibetans (August 1912) [p.178]
- Agreement of the Chinese and Tibetans (December 1912) [p.180]
- Seventeen-Point Plan for the Peaceful Liberation of Tibet (1951) [p.182]
- Sino-Indian Trade Agreement over Tibetan Border (1954) [p.185]
- Constitution of the People's Republic of China (1982) [p.188]
- Law of the People's Republic of China on Regional National Autonomy (1984) [p.207]
- Martial Law Decree of the People's Govt. of the Tibet Autonomous Region (1989) [p.217]
- Chinese State Council White Paper on Human Rights (excerpt) (1991) [p.220]
- Chinese State Council White Paper on Human Rights (excerpt) (1995) [p.233]
- Third Forum on Work in Tibet (1994) [p.242]
United States
- Foreign Relations Authorization Act for Fiscal Year 1988-89 (excerpt) (1987) [248]
- Congressional Resolution S. Con. Res. 129 (1988) [251]
- Congressional Resolution S. Res. 82 (1989) [253]
- Congressional Resolution H. Con. Res. 63 (1989) [255]
- Congressional Resolution 75: Congratulations to Dalai Lama for Nobel Peace Prize (1989) [256]
- Congressional Concurrent Resolution (1991) [257]
- Foreign Relations Authorization Act for Fiscal Years 1992-93 (excerpt) (1991) [258]
- Senate Resolution 271 (March 1992) [259]
- Congressional Record 119: Staff Trip Report (August 1992) [261]
- Executive Order Conditioning Most Favored Nation Trade Status (1993) [273]
- Most Favored Nation Waiver Authority (1993) [274]
- Foreign Relations Authorization Act for Fiscal Years 1994-95 (excerpt) (1993) [278]
- Congressional Resolution S. Res. 169 (1995) [284]
- Congressional Resolution S. J. Res. 43 (1995) [285]
- H.R. 1561 (1996) State Department Authorization Bill (excerpt) [287]
- Congressional Resolution S. Res. 19 (1997) [288 (a-f)]
Great Britain/United Kingdom
- Chefoo Convention (1876)
- Convention Relating to Burmah and Thibet (1886)
- Convention Between Great Britain and China Relating to Sikkim and Tibet (1890)
- Convention Between Great Britain and Thibet (1904)
- Convention Between Great Britain and China Respecting Tibet (1906)
- Convention Between Great Britain and Russia (1907)
- Agreement Between Great Britain, China and Tibet Amending Trade Regulations of 1893 (1908)
- Convention Between Great Britain, China, and Tibet, at Simla (1914)
- Anglo-Tibetan Declaration (1914)
- Anglo-Tibetan Trade Regulations (1914)
- Memorandum of British Foreign Secretary to Chinese Foreign Minister ("Eden Memorandum") (1943), stating Britain's position on Tibet's de facto independence
- Commonwealth Relations Office Message to Tibetan Government (1950)
- Written Ministerial Statement by David Miliband, reversing Britain's previous policy on Tibet (2008)
Australia
- Australian Senate Resolution on Tibet (1990) [p.289]
- Australian Senate Resolution on Tibet (1994) [p.291]
- Australian Senate Resolution on Tibet (1995) [p.292]
- Australian Senate Resolution on Tibet (1996) [p.293]
- Australian Senate Resolution on Tibet (1997) [p.293 (a)]
European Parliament
- European Parliament Resolution on Tibet (1987) [p.294]
- Council of Europe Written Declaration No. 173 on the Situation in Tibet (1988) [p.295]
- European Parliament Resolution on Human Rights in Tibet (1989) [p.296]
- European Parliament Resolution on Human Rights in China and Tibet (1991) [p.297]
- European Parliament Motion on Tibet (1992) [p.298]
- European Parliament Resolution on Repression in Tibet (June 1993) [p.302]
- European Parliament Resolution on Detention of Tibetans (September 1993) [p.304]
- European Parliament Resolution on 4th World Conference on Women (1995) [p.306]
- European Parliament Resolution on the Disappearance of Panchen Lama (1995) [p.309]
- European Parliament Resolution on the Panchen Lama and Religious Freedom in Tibet (1995) [p.310]
- European Parliament Resolution on Human Rights in China and Tibet (April, 1996) [p.311]
- European Parliament Resolution on Human Rights in Tibet (May, 1996) [p.312]
- European Parliament Resolution on Human Rights in Tibet (1997) [p.313]
Germany
- Report to German Parliament on Tibet (1987) [p.315]
- West German Parliament Resolution on Tibet (1987) [p.320]
- German Parliament Resolution on Tibet (1996) [p.321]
Other Governmental Bodies
- Italian Parliament Commission of Foreign Affairs Motion on Tibet (1989) [p.323]
- Basque Autonomous Country Parliament Resolution on Tibet (1995) [p.324]
- Report of Austrian Delegation of Legal Experts to China and Tibet (1992) [p.325]
- Parliament of Liechtenstein - Resolution to Welcome Dalai Lama (1996) [p.329]
- Belgium House of Representatives Resolution on Tibet (1994) [p.330]
- Belgium Chamber of Representatives Resolution on Tibet (1996) [p.332]
- Chamber of Deputies of Luxembourg Resolution (1996) [p.335]
- Two Hundred French Parliamentarians Appeal for Tibet (1996) [p.336]
- Nordic Saami Parliaments Statement on Tibet (1996) [p.340]
- Canadian Senate Resolution, Motion Respecting Human Rights in China and Tibet (1995) [p.341]
Governmental & Nongovernmental Organizations
- ICJ Report on the Question of Tibet and the Rule of Law (excerpt) (1959) [p.342]
- ICJ Report on Tibet and China (excerpt) (1960) [p.346]
- International Convention on Tibet and Peace in South Asia (1989) [p.349]
- Excerpt from International Hearings on Tibet and Human Rights, Bonn (1989) [p.350]
- Nobel Peace Prize Citation of Dalai Lama (1989) [p.351]
- Liberal International Congress on Tibet, Luzern (1991) [p.352]
- Permanent Tribunal of People's Verdict on Tibet (1992) [p.353]
- Conference of International Lawyers Statement (1993) [p.355]
- Delhi Convention of Parliamentarians Resolution (1994) [p.361]
- Second World Parliamentarians Convention Resolution on Tibet (1995) [p.366]
- International Parliamentarians Union's 12+ Group Memorandum on Tibet (1996) [p.368]
- The World Conservation Congress (IUCN) Resolution (1996) [p.369]
Treaties & Conventions Relating to Tibet
- Sino-Tibetan Treaty, 821/823 A.D. [371]
- Peace Treaty Between Ladakh and Tibet at Tingmosgang (1684) [372]
- Ladakhi Letter of Agreement (1842) [374]
- Agreement Between Tibet and Kashmir (1852) [375]
- Treaty Between Tibet and Nepal (1856) [376]
- Treaty Between Nepal and Tibet (1856) [378]
- Chefoo Convention (1876) [380]
- Convention Relating to Burmah and Thibet (1886) [381]
- Convention Between Great Britain and China Relating to Sikkim and Tibet (1890) [382]
- Convention Between Great Britain and Thibet (1904) [385]
- Convention Between Great Britain and China Respecting Tibet (1906) [389]
- Convention Between Great Britain and Russia (1907) [391]
- Agreement Between Great Britain, China and Tibet Amending Trade Regulations of 1893 (1908) [393]
- Treaty of Friendship and Alliance Between the Government of Mongolia and Tibet (1913) [397]
- Anglo-Tibetan Declaration (1914) [399]
- Convention Between Great Britain, China, and Tibet, Simla (1914) [400]
- Anglo-Tibetan Trade Regulations (1914) [403]
- Agreement for the Restoration of Peaceful Relations Between China and Tibet (1918) [406]
- Supplementary Agreement Regarding Mutual Withdrawal of Troops and Cessation of Hostilities Between Chinese and Tibetans (1918) [409]
Acknowledgments
Bernie Assaly, Erica Bley, Hadley Brown, Sevilla Claydon, Kara Frame, Paul Fredrick, Richard Harrington, Eva Herzer, Theresa Lea, Rachel Lostumbo, John Maier, Janice Mantell, Kim Morris, Lynn Myers, Robert Rosoff, Tseten Samdup, Christine Schneider, Phintso Thonden, Threshold Foundation, Meagan Tucker, Beth Winters, Julia Zinsmeister
PREFACE
April 1994
This compilation is intended as a reference for those investigating contemporary Tibetan issues. Included are legal documents derived through judicial and legislative process. Also included are selected universal international instruments with particular relevance to the situation in Tibet.
The amount of information available on Tibet has swelled in recent years, especially since 1987 when outside observers to demonstrations in Lhasa sparked a revival of interest in the situation. Every attempt has been made to include all relevant legal documents on Tibet, but omissions are inevitable. The ready availability of documents from the USA may have given that country an unintended emphasis. The editors welcome contributions from other countries for future updates and editions.
Certain editorial decisions were necessary to keep the compilation to a reasonable size. Testimony from governmental hearings on Tibet were not included, nor are the numerous oral and written interventions on Tibet made by governmental and non-governmental organizations to various United Nations bodies. However, the primary concerns of non-governmental organizations can be found in the Secretary General's lengthy 1992 Report on the Situation in Tibet which is included.
The compilation represents a two-year effort inspired and initiated by Paul Fredrick and Kim Morris and developed through the efforts of volunteers and staff of Tibet Justice Center. Historical documents from the appendices of Michael van Walt van Praag's book, The Status of Tibet: History, Rights, and Prospects in International Law (Westview Press: Boulder 1987) are included with permission of the author.
Volunteers input and retrieved data electronically by means of scanners, computer databases, and by hand. Aside from formatting changes, the source documents remained unaltered. The lone exception is the Tibetan Charter. Phutsok Thonden, a Tibetan living in New York City, edited the Tibetan Government-in-Exile's unofficial English translation of this document in an effort to improve the accuracy of the translation.
PREFACE TO THE SECOND EDITION
May 1997
Since Tibet Justice Center first published Legal Materials On Tibet, in April 1994, efforts on behalf of the Tibetan people have expanded considerably. As a result, governments and intergovernmental bodies have produced nearly twice as many resolutions and documents concerning Tibet over the past two and a half years than during the previous forty-four year period since the People's Republic of China's invaded Tibet in 1950. This second edition bears witness to the resulting achievements.
We hope that concerned individuals will use this compact reference manual both for its content and as inspiration for the hard work that is still ahead.
Tibet Justice Center thanks its intern, Julia Zinsmeister, for her diligent efforts in compiling this second edition.