Friday, October 21, 2011

Is the Tibet Declaration of Independence illegal?

In Philadelphia, a group of American and British lawyers debated the legality of America's Declaration of Independence.
If one follows the American argument, Tibet is also an independent nation.
Read the Tibetan Declaration of Independence and the BBC article and decide.
The only difference, as the Thirteenth Dalai Lama often said, is that there are big insects and small insects.
Nobody argues or reject the arguments of 'big insects'; it is not the case with 'small insects'.
Tibet was and remains a small insect, while America is the most powerful one. 
In the world today, there are different laws for different types of insects.

Proclamation of Tibetan Independence by the Thirteenth Dalai Lama on the 8th Day of the First Month of the Water-Ox Year (1913)
I, the Dalai Lama, most omniscient possessor of the Buddhist faith, whose title was conferred by the Lord Buddha's command from the glorious land of India, speak to you as follows:
I am speaking to all classes of Tibetan people. Lord Buddha, from the glorious country of India, prophesied that the reincarnations of Avaloki tesvara, through successive rulers from the early religious kings to the present day, would look after the welfare of Tibet.
During the time of Genghis Khan and Altan Khan of the Mongols, the Ming dynasty of the Chinese, and the Qing Dynasty of the Manchus, Tibet and China cooperated on the basis of benefactor and priest relationship. A few years ago, the Chinese authorities in Szechuan and Yunnan endeavored to colonize our territory. They brought large numbers of troops into central Tibet on the pretext of policing the trade marts. I, therefore, left Lhasa with my ministers for the Indo-Tibetan border, hoping to clarify to the Manchu emperor by wire that the existing relationship between Tibet and China had been that of patron and priest and had not been based on the subordination of one to the other. There was no other choice for me but to cross the border, because Chinese troops were following with the intention of taking me alive or dead.

On my arrival in India, I dispatched several telegrams to the Emperor; but his reply to my demands was delayed by corrupt officials at Peking. Meanwhile, the Manchu empire collapsed. The Tibetans were encouraged to expel the Chinese from central Tibet. I, too, returned safely to my rightful and sacred country, and I am now in the course of driving out the remnants of Chinese troops from DoKham in Eastern Tibet. Now, the Chinese intention of colonizing Tibet under the patron-priest relationship has faded like a rainbow in the sky. Having once again achieved for ourselves a period of happiness and peace, I have now allotted to all of you the following duties to be carried out without negligence:

1. Peace and happiness in this world can only be maintained by preserving the faith of Buddhism. It is, therefore, essential to preserve all Buddhist institutions in Tibet, such as the Jokhang temple and Ramoche in Lhasa, Samye, and Traduk in southern Tibet, and the three great monasteries, etc.

2. The various Buddhist sects in Tibet should be kept in a distinct and pure form. Buddhism should be taught, learned, and meditated upon properly. Except for special persons, the administrators of monasteries are forbidden to trade, loan money, deal in any kind of livestock, and/or subjugate another's subjects.

3. The Tibetan government's civil and military officials, when collecting taxes or dealing with their subject citizens, should carry out their duties with fair and honest judgment so as to benefit the government without hurting the interests of the subject citizens. Some of the central government officials posted at Ngari Korsum in western Tibet, and Do Kham in eastern Tibet, are coercing their subject citizens to purchase commercial goods at high prices and have imposed transportation rights exceeding the limit permitted by the government. Houses, properties and lands belonging to subject citizens have been confiscated on the pretext of minor breaches of the law. Furthermore, the amputation of citizens' limbs has been carried out as a form of punishment. Henceforth, such severe punishments are forbidden.

4. Tibet is a country with rich natural resources; but it is not scientifically advanced like other lands. We are a small, religious, and independent nation. To keep up with the rest of the world, we must defend our country. In view of past invasions by foreigners, our people may have to face certain difficulties, which they must disregard. To safeguard and maintain the independence of our country, one and all should voluntarily work hard. Our subject citizens residing near the borders should be alert and keep the government informed by special messenger of any suspicious develop ments. Our subjects must not create major clashes between two nations because of minor incidents.

5. Tibet, although thinly populated, is an extensive country. Some local officials and landholders are jealously obstructing other people from de veloping vacant lands, even though they are not doing so themselves. People with such intentions are enemies of the State and our progress. From now on, no one is allowed to obstruct anyone else from cultivating whatever vacant lands are available. Land taxes will not be collected until three years have passed; after that the land cultivator will have to pay taxes to the government and to the landlord every year, proportionate to the rent. The land will belong to the cultivator.

Your duties to the government and to the people will have been achieved when you have executed all that I have said here. This letter must be posted and proclaimed in every district of Tibet, and a copy kept in the records of the offices in every district.

From the Potala Palace.
(Seal of the Dalai Lama)

Is the US Declaration of Independence illegal?
BBC News Magazine
19 October 2011
By Matt Danzico and Kate Dailey
In Philadelphia, American and British lawyers have debated the legality of America's founding documents.
On Tuesday night, while Republican candidates in Nevada were debating such American issues as nuclear waste disposal and the immigration status of Mitt Romney's gardener, American and British lawyers in Philadelphia were taking on a far more fundamental topic.
Namely, just what did Thomas Jefferson think he was doing?
Some background: during the hot and sweltering summer of 1776, members of the second Continental Congress travelled to Philadelphia to discuss their frustration with royal rule.
By 4 July, America's founding fathers approved a simple document penned by Jefferson that enumerated their grievances and announced themselves a sovereign nation.
Called the Declaration of Independence, it was a blow for freedom, a call to war, and the founding of a new empire.
It was also totally illegitimate and illegal.
At least, that was what lawyers from the UK argued during a debate at Philadelphia's Ben Franklin Hall.

American experiment
The event, presented by the Temple American Inn of Court in conjunction with Gray's Inn, London, pitted British barristers against American lawyers to determine whether or not the American colonists had legal grounds to declare secession.
For American lawyers, the answer is simple: "The English had used their own Declaration of Rights to depose James II and these acts were deemed completely lawful and justified," they say in their summary.
To the British, however, secession isn't the legal or proper tool by which to settle internal disputes. "What if Texas decided today it wanted to secede from the Union? Lincoln made the case against secession and he was right," they argue in their brief.
A vote at the end of the debate reaffirmed the legality of Jefferson and company's insurrection, and the American experiment survived to see another day.
It was an unsurprising result, considering the venue - just a few blocks away from where the Declaration was drafted. But did they get it right? Below are some more of the arguments from both sides.

The American case for the Declaration

The Declaration is unquestionably "legal". Under basic principles of "Natural Law", government can only be by the consent of the people and there comes a point when allegiance is no longer required in face of tyranny.
The legality of the Declaration and its validity is proven by subsequent independence movements which have been enforced by world opinion as right and just, based on the fundamental principles of equality and self-determination now reflected in the UN Charter.

The British case against it
The Declaration of Independence was not only illegal, but actually treasonable. There is no legal principle then or now to allow a group of citizens to establish their own laws because they want to. What if Texas decided today it wanted to secede from the Union?
Lincoln made the case against secession and he was right. The Declaration of Independence itself, in the absence of any recognised legal basis, had to appeal to "natural law", an undefined concept, and to "self-evident truths", that is to say truths for which no evidence could be provided.
The grievances listed in the Declaration were too trivial to justify secession. The main one - no taxation without representation - was no more than a wish on the part of the colonists, to avoid paying for the expense of protecting them against the French during seven years of arduous war and conflict.

1 comment:

Anonymous said...

Where can one find the 1913 Independence speech in Tibetan like in your image?