Adopted by the Assembly of Tibetan People''s Deputies: ۱۴ June ۱۹۹۱
Official Title: charrrter of the Tibetans In-Exile
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 charrrter of the Tibetans in-Exile as
their fundamental guide.
Chapter I Fundamental Principles
Article ۱ Commencement
This charrrter havinggg 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 ۲ Jurisdiction
This charrrter shall be binding and enforceable to all Tibetans under the
jurisdiction of the Tibetan Administration in-Exile.
Article ۳ 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 charrrter shall be made except as specified in the
Articles of Chapter XI of this charrrter.
Article ۴ 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 ۵ Validity of the charrrter
(۱) Any existing law٫ ordinance٫ regulation٫ administrative or execccutive
order which is deemed repugnant to any particular provision of this charrrter
shall be declared null and void to the extent of its repugnancy.
(۲) The Tibetan Supreme Justice Commission shall be empowered to hear and
decide the legality of the matters specified above.
Article ۶ Recognition of International and Local Law
All laws٫ ordinances٫ regulations٫ administrative and execccutive 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 ۷ 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 ۸ Citizen of Tibet
(۱) 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
(۲) 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 ۱۳ of this charrrter; or
(۳) 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.
(۴) The Tibetan Assembly shall formulate laws of citizenship in order to
enforce the above Articles.
Chapter II Fundamental Rights and Duties
Article ۹ 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 ۱۰ 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 ۱۱ 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 ۲۵ shall be entitled to be a nominee.
Article ۱۲ 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 charrrged 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٫ unionnn 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 ۱۴ years in manual labour.
Article ۱۳ Obligations of Citizens
All Tibetan citizens shall fulfill the following obligations:
(a) bear true allegiance to Tibet;
(b) faithfully comply and observe the charrrter 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 ۱۴. Subject to restrictions imposed by
law٫ as specified in article ۱۲ of this charrrter٫ 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 ۱۵ 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 objectttives٫ the following
tasks may be undertaken.
Article ۱۶ Social Welfare
(۱) 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.
(۲) 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.
(۳) 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 ۱۷ Education and Culture
(۱) The Tibetan Administration shall abide by the U''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.
(۲) A standard education policy shall be formulated in accordance with the
fundamental requirements of Tibetans and endeavor to promote education.
(۳) It shall endeavor to establish and maintain day schools in the respective
Tibetan establishments and shall provide hostel facilities wherever deemed
necessary.
(۴) It shall endeavor to admit Tibetan children from various scattered Tibetan
communities٫ where there are no educational institutions٫ to the nearest
Tibetan schools.
(۵) It shall give career guidance to Tibetan children by providing expertise in
educational counselling.
(۶) It shall encourage those who are economically able to provide their own
financial support for the continuation of their children''s education.
(۷) 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.
(۸) 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.
(۹) It shall endeavour to establish due regard for teachers of all grades٫ and
recruit those with meritorious academic records.
(۱۰) 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.
(۱۱) It shall endeavour to disseminate a non-sectarian and wholesome tradition
of Buddhist doctrines.
(۱۲) It shall endeavour to provide facilities for monks and nuns to provide
appropriate educational and health services for the benefit of the society.
(۱۳) 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 masterrr-craftsmen.
(۱۴) 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.
(۱۵) It shall support and promote cultural٫ religious٫ monastic and academic
institutions.
(۱۶) It shall promote games and athletic sports.
Article ۱۸ Health
(۱) 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.
(۲) 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٫
(۳) The manufacture and prescriptttion of Tibetan pharmaceutical medicines
shall be authorized٫ regulated and standardized in accordance with the law.
Chapter IV The execccutive
Article ۱۹ execccutive Power
The execccutive 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
charrrter. In particular٫ His Holiness the Dalai Lama shall be empowered to
execccute the following execccutive powers as the chief execccutive 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 charrrter.
Article ۲۰ The Kashag and the Chief Kalon
There shall be a Kashag and a Chief Kalon primarily responsible for exercising
execccutive powers of the Tibetan Administration subordinate to His Holiness
the Dalai Lama.
Article ۲۱ Election of the Kalons
(۱) 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.
(۲) The original nominees for Kalons shall consist of not more than ۲۱ members
nominated by sub-committees of the Tibetan Assembly by means of a secret
ballot. The Kalons shall be elected following selectttion of the nominees.
(۳) Qualifications of a Kalon:
a) must be a citizen of Tibet;
b) must be at least ۳۵ 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 (۳) & (۴) of
Article ۲۹ of this charrrter;
i) not enjoying service٫ status or economic benefit from other countries
detrimental to the interest of Tibetan people.
(۴) 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.
(۵) Secure at least ۷۰% votes from the total number of votes to be elected as a
Kalon.
(۶) If ۷ Kalons are not elected٫ three nominees for each remaining position of
Kalon shall be nominated for a reelection from the list of remaining
candidates.
(۷) Provided further that if the total of ۳ Kalons are not elected upon the
subsequent ballot٫ the required percentage for election may be reduced to٫ but
not below٫ ۵۵%٫ 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.
(۸) 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 ۳
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.
(۹) 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.
(۱۰) a) If the elected Kalons are so few that they are unable to discharrrge
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.
(۱۱) 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.
(۱۲) This specific procedure applicable to the election of Kalons as formulated
by the Tibetan Central Election Commission٫ in accordance with the provisions
of this charrrter٫ ratified by the Tibetan Assembly٫ and with the assent of
His Holiness the Dalai Lama٫ shall henceforth come into full force and effect.
Article ۲۲ Tenure of Kashag
(۱) Subject to Article ۲۹ of this charrrter٫ 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 ۵ years.
(۲) Except in cases of dissolution of the Kashag as specified in Article ۲۹ of
this charrrter٫ 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 ۲۳ 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 ۲۴ Tenure of the Chief Kalon
Except in the case of a removal٫ in accordance with clause (۵) of Chapter ۲۹ of
this charrrter٫ 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 ۲۵ 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 ۲۶ 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 ۲۷ 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 ۲۸ His Holiness the Dalai Lama''s summoning of the Kashag Meetings
(۱) 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.
(۲) The Kashag shall be exclusively responsible for the expeditious
execccution of resolutions passed thereof in the meetings of His Holiness the
Dalai Lama and the Kashag.
Article ۲۹ Obligations of the Kashag and Removal of Kalons
(۱) The Kashag shall be collectively responsible for the discharrrge of their
duties٫ and in general it shall be accountable and answerable to the Tibetan
Assembly.
(۲) 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.
(۳) 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.
(۴) 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.
(۵) 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.
(۶) If such a dissolution or removal takes place٫ as the case may be٫ his or
her replacement shall be elected in not less than ۳۰ 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 ۶۰ 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 ۶ months.
(۷) 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 (۳) (۴) (۵) 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 ۳۰ Conduct of Business of the Tibetan Administration
All execccutive 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 ۳۱ Council of Regency
The Council of Regency shall exercise execccutive powers and authority in the
following circumstances:
(۱) 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 execccutive
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 execccutive functions of His Holiness the Dalai Lama shall
be exercised by the Council of Regency;
(۲) 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 (۳) of Article ۲۱ of this
charrrter.
(۳) 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.
(۴) 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 ۳۲ The Chief Regent of the Council of Regency
(۱) 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.
(۲) Except in the case of a removal٫ in accordance with the clause of this
charrrter٫ 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 ۳۳ Duties and Powers of the Council of Regency
(۱) The Council of Regency shall have all the execccutive powers and authority
as prescribed in Article ۱۹ except as otherwise prescribed in sub-clause (f) &
(g) of the same Article.
(۲) Subject to clause (f) of Article ۱۹٫ 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.
(۳) Subject to clause (g) of Article ۱۹٫ 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.
(۴) At an appropriate time for H.H. the Dalai Lama to assume the execccutive
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.
(۵) In all other matters of procedure٫ the Council of Regency shall adhere and
comply in accordance with duly passed laws.
Article ۳۴ Dissolution of the Council of Regency and Removal of Regents
(۱) Whenever any Regent of the Council of Regency٫ as a result of death or
otherwise٫ is unable to discharrrge his or her duties and responsibilities٫
the Kashag and the Tibetan Assembly shall٫ in accordance with law٫ jointly
elect his or her replacement.
(۲) 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.
(۳) 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 (۳۱) of this charrrter.
(۴) 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 (۳۱) of this charrrter.
Article ۳۵ Term of Office and Salary of Council of Regency
(۱) Unless the Council of Regency is required to be dissolved٫ or a Regent(s)
is required to be removed as specified in Article ۳۳ of this charrrter٫ 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 ۳ years.
(۲) 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.
(۳) 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.
(۴) 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 ۳۶ 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 ۳۷ Composition of the Tibetan Assembly
The Tibetan Assembly shall consist of:
(۱) a) ۱۰ members elected from each of the three regions of Tibet without
discrimination of sex;
b) ۲ members elected from each religious denomination: Nyingma٫ Kagyud٫ Sakya٫
Geluk and Yungdrung Bon;
c) ۱ to ۳ members directly nominated by His Holiness the Dalai Lama;
d) ۱ member elected by Tibetans residing in Canada and the United States of
America;
e) ۲ members elected by Tibetans residing in European countries.
According to clause (a) of this Article٫ there shall be at least ۲ elected
women members from each region to represent that region''s constituency.
(۲) The Tibetan Assembly may increase the number of regional deputies as and
when required.
Article ۳۸ 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 ۲۵ 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 ۳۹ Duration of the Tibetan Assembly
Subject to Article ۵۷ of this charrrter٫ which requires the dissolution of the
Tibetan Assembly before the expiration of its duration٫ the term of each
Tibetan Assembly shall be ۵ years.
Article ۴۰ 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 ۴۱ Special Sessions
(۱) 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 ۵۰% of the members of either the Kashag٫ the Tibetan Assembly٫ or the
Standing Committee of the Tibetan Assembly.
(۲) 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 (۳۱) & clause IV of article (۳۴)٫ the Speaker of the Tibetan
Assembly may٫ in consultation with the Kashag٫ summon such a session.
Article ۴۲ Standing Committee of the Tibetan Assembly
(۱) When the Tibetan Assembly is not in session٫ there shall be a Standing
Committee of the Tibetan Assembly which shall consist of ۲ members from each
region٫ ۱ member from each of the religious denominations٫ and ۱ member from
among those directly nominated by His Holiness the Dalai Lama٫ either elected
or selecttted. This Standing Committee shall be redesignated each year.
(۲) 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 ۴۳ His Holiness the Dalai Lama''s Annual Address and Messages to the
Tibetan Assembly
(۱) 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.
(۲) 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 ۴۴ 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 ۴۵ The Speaker and Deputy Speaker of the Tibetan Assembly
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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.
(۵) 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 ۴۶ Priviledges of the Members of the Tibetan Assembly
(۱) 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.
(۲) 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 ۴۷ 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 ۴۸ Voting in the Tibetan Assembly
Except as provided in the Articles and other provisions of this charrrter٫ 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 ۴۹ Quorum of the Tibetan Assembly
(۱) 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.
(۲) 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.
(۳) 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 ۵۰ 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 ۵۱ Introduction and Passing of Bills
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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 ۵۲ Annual Budget of the Tibetan Administration
(۱) 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.
(۲) 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 charrrges for which the Tibetan Administration is liable٫ including
interest and redemption charrrges.
(۳) 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.
(۴) The sums of all expenditures required to be made٫ as specified in sub-rule
(b) of clause (۱) 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 ۵۳ 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 charrrter and such rules shall then
come into force.
Article ۵۴ 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 discharrrge 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 ۵۵ Promulgation of Ordinances
(۱) 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 ۱۴
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.
(۲) 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.
(۳) Any ordinances٫ promulgated as such may be amended٫ altered or annulled by
the Tibetan Assembly through deliberation during their subsequent session.
Article ۵۶ Referendum
His Holiness the Dalai Lama may٫ in pursuant to clause (a) of Article ۵۵ of
this charrrter٫ 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 ۱۴
working days from the election result.
Article ۵۷ 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 charrrter.
(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 (۳۸) of
this charrrter٫ 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 ۱۸۰ days from the day thereof.
n-Liability of the Proceedings of the Tibetan Assembly – Article ۵۸ No
(۱) 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.
(۲) No member of the Tibetan Assembly٫ who is empowered under this charrrter
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 ۵۹ Emergency General Meeting
(۱) 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.
(۲) 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.
(۳) 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 ۴۵
days prior to the day of such a meeting.
Article ۶۰ Regional Committee of Bhod Rangwang Denpe Legul
(۱) 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 ۳
members٫ but not more than ۱۱٫ 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.
(۲) 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.
(۳) 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.
(۴) 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 (۱) of this Article.
Article ۶۱ 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 ۶۲ 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 ۶۳ Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice
Commission
(۱) 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 execccutive of the Tibetan Administration.
(۲) 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 ۵ consecutive years in any court of law٫ or
has been a licensed attorney for at least ۱۰ years. Provided that for a period
of ۱۰ years from the commencement of the operation of this charrrter٫ the
appointment of the Chief Tibetan Justice Commissioner shall have no binding to
the qualifications as specified in this Article.
(۳) 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.
(۴) 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 discharrrge his or her
duties until the age of ۶۵.
(۵) 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 (۶۷) of this charrrter by law.
Article ۶۴ A Committee of Jurors
(۱) 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.
(۲) 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 ۹ Tibetan citizens٫ who have experience in matters of law٫ in
addition to the ۳ regular jurors.
Article ۶۵ Salary of the Chief Tibetan Justice Commissioner
(۱) 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.
(۲) 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 ۶۶ Jurisdiction of the Tibetan Supreme Justice Commission
(۱) 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.
(۲) 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 charrrter of Tibetans
in-exile;
b) cases involving the conduct of business of the execccutive 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 ۶۷ Rules of Procedure and Code of Law of the Tibetan Supreme Justice
Commission
Subject to the provisions of any law as specified in this charrrter 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 ۶۸ 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:
(۱) regarding interpretation of the terms٫ phrases and meanings of this
charrrter;
(۲) concerning legal matters a of significant nature٫ or a fact of such nature
that has arisen or is likely to arise; and
(۳) other matters of legal ambiguity.
Article ۶۹ 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 ۷۰ 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 ۷۱ The Administration of Tibetan Settlements in Exile
There shall be a Tibetan Administrative Office in every Tibetan settlement
in-exile٫ defined by:
۱. Settlements engaged primarily in agriculture
۲. Settlements engaged primarily in handicrafts and Co-operatives
۳. Monastic Communities
۴. Schools and Academic Institutions
۵. Self-employed communities
۶. Scattered Tibetan Communities; and
۷. Other places of residence.
Article ۷۲ 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 ۱۱ and ۳۸ of
this charrrter. 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 ۷۳ Election of the Tibetan Administrators of the Tibetan Settlements
(۱) 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
۲۵ Tibetan citizens٫ for the election of a Tibetan Administrator.
(۲) ۴ 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.
(۳) The candidate who is elected to be the Tibetan Administrator shall secure
more than ۵۱% of the total number of votes within that respective Tibetan
settlement.
(۴) If any candidate has failed to secure ۵۱% of the vote within the respective
Tibetan settlement٫ a decision shall be made in accordance with Article ۷۴ of
this charrrter.
(۵) 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 ۷۴ 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:
(۱) when the required percentage of votes has not been secured from the general
Tibetan public within the respective Tibetan settlement as specified in clause
(۳) of Article ۷۳ of this charrrter;
(۲) 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
(۳) either the Elected Tibetan Administrator has failed to discharrrge 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 ۷۵ 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 ۷۶ Tenure of the Tibetan Administrators
(۱) 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 ۳ years.
(۲) Unless otherwise a situation necessitates their removal in accordance with
Article ۹۱ of this charrrter٫ the re-election of any Tibetan Administrator or
Assistant Tibetan Administrator shall not be invalid.
Article ۷۷ 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:
(۱) to conduct all administrative business of their respective Tibetan
settlements;
(۲) to carry out judicial responsibilities authorized by the Tibetan Supreme
Justice Commission;
(۳) 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;
(۴) 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;
(۵) to fulfill the objectttives and oversee the efficient functioning of the
Tibetan Local Co-operative Societies as prescribed by law; and
(۶) any other duties deemed to be execccuted for the benefit of the Tibetan
people٫ from time to time٫ according to the prescribed rules and regulations.
Article ۷۸ The Tibetan Local Assembly of Tibetan Settlements
(۱) There shall be a Tibetan Local Assembly in each of the respective Tibetan
settlements.
(۲) 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 ۱۱ and ۳۸ of this
charrrter.
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 ۷۹ Number of Members and Duration of the Tibetan Local Assembly of
Tibetan Settlement
(۱) The quorum of each Tibetan Local Assembly of each Tibetan settlement shall
be comprised of not less than ۱۱٫ but not more than ۳۵٫ members on the basis of
the population of the respective Tibetan settlements.
(۲) 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 ۳ years.
Article ۸۰ Speaker and Deputy Speaker of the Tibetan Local Assembly
(۱) 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.
(۲) 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.
(۳) 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 ۸۱ 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 ۸۲ 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 ۸۳ 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 ۸۴ 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 ۸۵ 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 ۸۶ 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 ۸۷ 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 ۸۸ 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 ۸۹ 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 ۹۰ Restriction on Discussion
(۱) 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.
(۲) 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 ۹۱ Removal of the Tibetan Administrator and Assistant Tibetan
Administrator
(۱) 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.
(۲) 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.
(۳) 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 ۹۲ Dissolution of Tibetan Local Assembly and Removal of a Member of
Tibetan Local Assembly
(۱) 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 ۳۰ days of such a removal or
dissolution٫ as the case may be.
Article ۹۳ Ownership and Administration of the Tibetan Co-operative Societies
(۱) The general Tibetan public of each respective Tibetan settlement٫ by being
shareholders٫ are the owners of the Tibetan Co-operative Societies of such
settlements.
(۲) 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.
(۳) 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 ۹۴ Tibetan Local Justice Commission
There shall be a permanent or temporary Tibetan Local Justice Commission in
each respective Tibetan settlement as specified in Article ۶۹ of this
charrrter; the Tibetan Supreme Justice Commission shall appoint qualified
Tibetan Local Justice Commissioners.
Article ۹۵ Newly Constituted Tibetan Communities
(۱) 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 ۵۰٫ but not more than ۱۵۰ Tibetan families٫
or between ۲۰۰ to ۶۰۰ 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 ۷۸ of
this charrrter; or
b) an area or place where there are more than ۱۵۰ Tibetan families٫ or more
than ۶۰۰ Tibetan residents٫ an Office of the Tibetan Local Administration as
well as a Tibetan Local Assembly may be established as specified in Article ۷۲
and ۷۸ of this charrrter.
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 ۹۶ Tibetan Central Election Commission
There shall be an independent Tibetan Central Election Commission for the
discharrrge 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 ۹۷ The Chief Tibetan Election Commissioner and Functions of the
Commission
(۱) 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.
(۲) 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.
(۳) 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 charrrter.
(۴) 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.
(۵) 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 ۹۸ Salary of the Chief Commissioner of the Tibetan Central Election
Commission
(۱) 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.
(۲) 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 ۹۹ Tenure of the Chief Commissioner of the Tibetan Central Election
Commission
(۱) 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 ۵ years٫ or
his or her attainment of ۶۵ years of age٫ as the case may be.
(۲) 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 ۱۰۰ Public Service Commission
There shall be an independent Public Service Commission for the appointment of
the gazetted officials of the Central Tibetan Administration.
Article ۱۰۱ 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 ۱۰۲ 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 ۱۰۳ 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 ۱۰۴ 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 ۱۰۵ Term of Office of the Public Service Commission
۱) The term of office of the Chairman and the members of the Public Service
Commission shall be ۵ years٫ or his or her attainment of ۶۵ years of age٫ as
the case may be.
۲) 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.
۳) 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 ۱۰۶ 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 ۱۰۷ Composition of the Tibetan Audit Commission
(۱) There shall be an Auditor General appointed by His Holiness the Dalai Lama.
(۲) 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 ۱۰۸ Duties and Powers of the Tibetan Audit Commission
(۱) 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.
(۲) 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.
(۳) The Tibetan Audit Commission shall complete and return the annual Audit
Report and Certified Accounts to the respective Tibetan Administrative
Departments within ۷ 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 ۹ months at the end of each fiscal
year to the Audit Commission.
Article ۱۰۹ Salary and Allowances of the Auditor General
(۱) The Auditor General shall be entitled to receive salary٫ allowances٫
pensions and other priviledges as determined by the Tibetan Assembly in
accordance with law.
(۲) 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 ۱۱۰ 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 ۱۰ years٫ or his or her attainment of ۶۵
years of age٫ as the case may be.
Chapter XI Amendment of the charrrter and Transitional Provisions
Article ۱۱۱ Amendment of the charrrter
(۱) Except in regard to Article (۳) and (۴) of Chapter I٫ all Articles of
Chapter II and III and Article (۱۹) of Chapter IV as prescribed in this
charrrter٫ 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.
(۲) Any provision in regard to Article (۳) and (۴) of Chapter I٫ and all
Articles of Chapter II and III and Article (۱۹) of Chapter IV as prescribed in
this charrrter٫ 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 ۱۱۲ Referendum
His Holiness the Dalai Lama may٫ if He thinks fit٫ direct that an act
pertaining to the amendment of this charrrter 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 ۱۱۳ 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 charrrter 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 charrrter.
Article ۱۱۴ Infrastructural Reorganisation
Any organisational or operational alterations of any provision of this
charrrter shall commence within ۹۰ days from the day of the commencement of
the operation of this charrrter.
Article ۱۱۵ 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.