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Tibet Justice Center

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III. TIBET IS RIGHTFULLY AN INDEPENDENT STATE
(links below go to separate pages)

Tibet was an independent state when the PRC invaded in 1950; therefore, the PRC has no claim of territorial integrity to assert against Tibet. Even if Tibet was not independent, however, the Tibetan people's right of self-determination recognized under international law must prevail over any claim of territorial integrity by the PRC. First, the PRC is not the legitimate government of the Tibetan people with an enforceable claim of territorial integrity. This is so because the PRC's authority did not originate in a free exercise of self-determination by the Tibetans, and the PRC has persistently violated, rather than protected, the human rights and fundamental freedoms of the Tibetan people. Second, the Tibetans' right to self-determination should be enforced as against the PRC's claim of territorial integrity because doing so will enhance international peace and security in the region and promote respect for human rights and fundamental freedoms. The Tibetan people should therefore be given a full opportunity to exercise their right of self-determination.

A. The Tibetans Are A People With The Right Of Self-Determination
1. International Law Recognizes The Right To Self-Determination
2. Independence Is Only One Manifestation Of Self-Determination
3. The Tibetans Are A People With The Right Of Self-Determination

B. The Tibetans Are Entitled To Exercise Their Right Of Self-Determination Because The PRC Has Not Acted As The Legitimate Government Of The Tibetan People
1. Territorial Integrity Is A Right Only Of Legitimate Governments 'Conducting Themselves In Compliance With The Principle Of Equal Rights And Self-Determination Of Peoples'
2. The PRC Does Not Respect The Human Rights And Fundamental Freedoms Of The Tibetan People
a. The PRC unlawfully suppresses religion in Tibet
b. State-sanctioned population transfer violates the Tibetans' fundamental rights
c. The PRC denies Tibetan women their right to reproductive freedom
d. Tibetans are subject to discrimination on the basis of their race
e. The PRC's exploitation of Tibet's natural resources and abuse of the environment violate the Tibetans' human rights
f. The PRC has violated the Tibetans' right to housing
g. Tibetans are subject to enforced and involuntary disappearances
h. Tibetans are subject to arbitrary arrest and detention
i. PRC officials torture Tibetan prisoners of conscience
j. The PRC subjects Tibetans to extrajudicial, summary and arbitrary executions

C. Enforcing The Tibetans' Right To Self-Determination Will Enhance International Values Of Peace And Security And Promote Human Rights And Fundamental Freedoms
1. The Right Of Self-Determination Should Be Enforced As Against A Claim Of Territorial Integrity When Doing So Will Advance The Fundamental Values Of The International Community
2. Affording the Tibetans the Broadest Latitude in Exercising Their Right of Self-Determination Would Effectuate the Fundamental Values of the International Community
a. Affording the Tibetans the broadest latitude in exercising their right of self-determination would enhance international peace and security
b. Affording the Tibetans the broadest latitude in exercising their right of self-determination would promote respect for human rights and fundamental freedoms
D. The Tibetans' Demand For 'Genuine Self-Rule' Does Not Conflict With The PRC's Claim Of Territorial Integrity


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