To: Hawkmoon who wrote (8236 ) 5/13/1999 10:39:00 AM From: Neocon Read Replies (1) | Respond to of 17770
This is a sampling of what the Tibetan Government- in- Exile has to say on the subject: The Status of Tibet Introduction At the time of its invasion by troops of the People's Liberation Army of China in 1949, Tibet was an independent state in fact and law. The military invasion constituted an aggression on a sovereign state and a violation of international law. Today's continued occupation of Tibet by China, with the help of several hundred thousand troops, represents an ongoing violation of international law and of the fundamental rights of the Tibetan people to independence. The Chinese Communist Government claims it has a right to "ownership" of Tibet. It does not claim this right on the basis of its military conquest in 1949 or alleged effective control over Tibet since then or since 1959. The Chinese Government also does not base its claim to "ownership" on the so-called "Seventeen Point Agreement for the Peaceful Liberation of Tibet" which it forced upon Tibet in 1951. Instead, China's alleged legal claim is based on historical relationships primarily of Mongol or Manchu rulers with Tibetan lamas and, to a lesser extent, of Chinese rulers and Tibetan lamas. The main events relied on by the Chinese Government occurred hundreds of years ago: during the height of Mongol imperial expansion, when the Mongol Emperors extended their political supremacy throughout most of Asia and large parts of Eastern Europe; and when Manchu Emperors ruled China and expanded their influence throughout East and Central Asia, including Tibet, particularly in the 18th century. It is not disputed that at different times in its long history Tibet came under various degrees of foreign influence: that of the Mongols, the Gorkhas of Nepal, the Manchu Emperors of China and the British rulers of India. At other times in Tibet's history, it was Tibet which exercised power and influence on its neighbours, including China. It would be hard to find any state in the world today that has not been subjected to foreign domination or influence for some part of its history. In Tibet's case the degree and length of foreign influence and interference was quite limited. Moreover, relationship with the Mongol, Chinese and Manchu rulers, to the extent they had political significance, were personal in nature and did not at any time imply a union or integration of the Tibetan state with or into a Chinese state. However fascinating Tibet's ancient history may be, it's status at the time of the Chinese invasion must, of course, be judged on the basis of its position in modern history, especially its relationship with China since 1911, when the Chinese overthrew the foreign Manchu rule and became the masters of their own country. Every country can go back to some period in history to justify territorial claims on neighbouring states. That is unacceptable in international law and practice. The reader of China's White Paper "Tibet: Its Ownership and Human Rights Situation" will be struck by the scant attention its authors pay to Tibet's modern history in the decades before 1949. This is because from 1911 to the completion of the Chinese occupation in 1951, there is no evidence of Chinese authority or influence in Tibet which can support China's claim. In fact, the preponderance of the evidence shows precisely the opposite: that Tibet was to all intents and purposes a sovereign state, independent of China. This conclusion is supported by most legal scholars and experts on the subject. The International Commission of Jurists' Legal Enquiry Committee on Tibet reported in its study on Tibet's legal status: Tibet demonstrated from 1913 to 1950 the conditions of statehood as generally accepted under international law. In 1950, there was a people and a territory, and a government which functioned in that territory, conducting its own domestic affairs free from any outside authority. From 1913-1950, foreign relations of Tibet were conducted exclusively by the Government of Tibet, and countries with whom Tibet had foreign relations are shown by official documents to have treated Tibet in practice as an independent State. [Tibet and Chinese People's Republic, Geneva, 1960, pp. 5,6] Forty years of independence is clearly sufficient for a country to be regarded as such by the international community. Many members of the United Nations today have enjoyed a similar or even shorter period of independence. But in Tibet's case, even its ancient history has been selectively re-written by the Chinese Government's propaganda machine to serve the purpose of defending its claim to "ownership." Thus, even if it is not necessary to discuss Tibet's early history in order to understand its status on the eve of China's military invasion, we believe it is useful to review it briefly, just to set the record straight. tibet.com