The Case Concerning Tibet
Tibet's Sovereignty and the Tibetan People's Right to Self-Determination
Tibet Justice Center (Andrew G. Dulaney and Dennis M. Cusack)
Unrepresented Nations and Peoples Organization (Dr. Michael van Walt van Praag)

The Tibetan Parliamentary and Policy Research Centre

June 1, 1998

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Table of Contents

A. Tibet Was Fully Independent Prior To 1951
B. The Tibetan People Are Entitled To Self-Determination

A. When The People's Liberation Army Entered Tibet, Tibet Was Functioning As A Fully Independent State
1. A Distinctively Tibetan Population Inhabited Tibet
2. The PLA Entered Distinctively Tibetan Territory
3. The Government Of Tibet Was Exercising Effective Control Over The Tibetan Population In The Tibetan Territory
4. The Government Of Tibet Was Capable Of Entering Into International Relations And Had Entered Into Such Relations Repeatedly
5. Conclusions Regarding The Status Of Tibet In 1950
B. The Seventeen-Point Agreement Of 1951 Is Absolutely Void Under International Law
C. Historically, Tibet Never Became Part Of China
1. Tibet Was Indisputably Independent Before The Thirteenth Century
2. Tibet Did Not Become Part of China During The Mongol Yuan Dynasty
3. Tibet Was Not Part Of China During Tibet's 'Second Kingdom'
4. Relations Between The Dalai Lamas Of Tibet And The Manchu Qing Dynasty Do Not Show That Tibet Was Part Of China
5. Tibet Was Not Part Of China During China's Nationalist Period
D. The Tibetan Government In Exile Is The Only Legitimate Government Of Tibet
E. Conclusions Regarding The Legal Status of Tibet

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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