Petition 2008/120 of Thuten Kesang and 750 others

Transcription

1 Petition 2008/120 of Thuten Kesang and 750 others Report of the Foreign Affairs, Defence and Trade Committee Contents Recommendation 2 Introduction 2 Background 2 Middle Way Approach 3 Submission from the petitioner 3 Submission from the Embassy of the People s Republic of China 4 Ministry of Foreign Affairs and Trade s submission 4 Possible way forward 4 Conclusion 5 Appendix 6

2 Petition 2008/120 of Thuten Kesang and 750 others Recommendation The Foreign Affairs, Defence and Trade Committee has considered Petition 2008/120 of Thuten Kesang and 750 others and recommends that the House take note of its report. Introduction We have received and considered Petition 2008/120 of Thuten Kesang and 750 others requesting that The House of Representatives support the Middle-Way Approach proposed by His Holiness the Dalai Lama to peacefully resolve the issue of Tibet and to bring about stability and co-existence between the Tibetan and Chinese people based on equality and mutual co-operation and that the House urge the Government to raise this issue with the Chinese Government. We received written submissions from the petitioner, the Ministry of Foreign Affairs and Trade, and the Embassy of the People s Republic of China. We heard evidence from the petitioner and the Ministry of Foreign Affairs and Trade. Background In May 1951, China and Tibet signed the Agreement of the Central People s Government and the Local Government of Tibet on Measures for the Peaceful Liberation of Tibet, which affirmed China s sovereignty over Tibet and the Tibetan people s right to exercise national autonomy under the unified leadership of the Chinese Government; the agreement is also known as the Seventeen Point Agreement for the Peaceful Liberation of Tibet (17 point agreement). Under this arrangement, His Holiness the 14th Dalai Lama and his administration were to govern the internal affairs of Tibet. Tibet and China came to an accommodation under the agreement up until early 1959 when an uprising between the Chinese authority and the Tibetan people took place in Lhasa, the capital of Tibet. During the uprising, His Holiness the 14th Dalai Lama fled to India and, since then, has led a government-in-exile, the Central Tibetan Administration, from India. The Dalai Lama announced that, as China had broken the terms of the 17 point agreement, the Central Tibetan Administration would no longer legally recognise it. Since then, His Holiness the 14th Dalai Lama has sought international support for the establishment of a free Tibet. In 1987, he presented to the international community a five point peace plan, which listed the following among its aims: commencing negotiations on the future status of Tibet and of relations between the Tibetan and Chinese peoples, respecting the Tibetan people s fundamental human rights and democratic freedoms, and the restoration and protection of Tibet s natural environment. The plan was expanded in 1988 to include the commencement of talks between China and Tibet that would lead to 2

3 the establishment of a self-governing democratic political entity for all three provinces of Tibet, and that the Chinese Government would continue to remain responsible for Tibet s foreign policy and defence. In 1997, the Tibetan people rejected a proposal by the Dalai Lama to hold a referendum on the future status of Tibet and encouraged the Dalai Lama to continue to press for the Middle Way Approach. We note that His Holiness the 14th Dalai Lama has recently announced his political retirement. Middle Way Approach The Middle Way Approach is a proposal by His Holiness the 14th Dalai Lama to resolve the matter of autonomy for Tibet in a peaceful manner and to bring about stability and coexistence between the Tibetan and Chinese peoples, based on equality and mutual cooperation. It seeks to establish a regional political entity, comprising the three traditional Tibetan provinces Amdo, Kham, and U-Tsang without seeking independence from China. (U-Tsang and the western half of Kham currently form the Tibet Autonomous Region.) Under the terms of the proposal, the region would be governed by a democratically elected legislature and executive, and an independent judiciary would be established. The proposal also requires that the Chinese Government ceases its human rights violations and its policy of encouraging the ongoing migration of Chinese people into Tibetan areas. China would maintain a limited military presence to protect the Tibetan people until Tibet is a peaceful and non-violent region. His Holiness the 14th Dalai Lama considers the Middle Way Approach to be a means of achieving peace through non-violence, mutual benefit, and the unity of nationalities and social stability between the Chinese and Tibetan peoples. The proposal has been democratically adopted by the Central Tibetan Administration. Submission from the petitioner The petitioner submitted a range of matters pertaining to Tibet since the uprising in The petitioner told us that Tibet has been under martial law since the uprising, and that the people of Tibet have suffered Chinese repression in respect of their language, culture, ethnic identity, and religious practices. China has also been active in Tibet, developing infrastructure such as roads and schools, and encouraging the migration of other ethnic groups to the region. Tibet, which was initially isolated from the rest of the world, has been opened up to tourism. Tibetan representatives and Chinese officials have met on numerous occasions to discuss the future status of Tibet, with little progress being made until recently. During the seventh round of talks in 2008, Tibetan representatives were asked to develop a substantive proposal outlining a framework for the future of Tibet. The petitioner told us that the Chinese Government has rejected the framework, based on the Chinese Constitution, as an attempt to seek Tibet s independence from China. The last round of talks between Tibet and China took place in January The petitioner believes that the Middle Way Approach would provide a peaceful solution to enable Tibetans to live semi-autonomously in a region in China, similar to that of Mongolia and Macao, and recently Hong Kong. 3

4 Submission from the Embassy of the People s Republic of China The Embassy of the People s Republic of China submitted that the Middle Way Approach is an attempt by His Holiness the 14th Dalai Lama to seek independence for Tibet from China. The submitter disputed many of the claims made by the Dalai Lama, particularly relating to the historical events leading to the formation of the region, and the premise that Tibet could function under a one country, two systems approach with China, similar to Macao and Hong Kong. China believes that such a premise would defy its current political system and structures. The submitter maintains that the Dalai Lama continues to refuse to recognise that Tibet is part of China, the current political system followed in Tibet, and the legal systems that support China s Constitution. The submitter also claims that the Dalai Lama s call for the establishment of an enlarged Tibet autonomous region runs counter to current law governing the development of ethnic groups in China, and distorts the meaning of an autonomous region under China s Constitution and the Law on Regional National Autonomy. The submitter believes that if the Dalai Lama is sincere in improving his relationship with China, he should give up his quest for an independent Tibet. Ministry of Foreign Affairs and Trade s submission The Ministry of Foreign Affairs and Trade submitted that the New Zealand Government is aware of the interest taken by members of the New Zealand public in matters pertaining to Tibet and therefore follows closely developments in Tibet. Under New Zealand s one China policy New Zealand recognises Tibet as a sovereign territory of China. This policy is consistent with the international community s diplomatic recognition of China, which includes China s sovereignty over Tibet. In official discussions between New Zealand and China, New Zealand has encouraged Tibet and China to hold meaningful discussions not only to find a lasting solution to the status of Tibet but to address Tibet s economic and social issues. New Zealand has also raised with China its human rights record regarding minority groups. Possible way forward We asked the Ministry of Foreign Affairs and Trade whether it would be possible for the New Zealand Government to broach the subject of the Middle Way Approach with China within existing policy settings. New Zealand, aware of Tibet s and China s differing views on the Middle Way Approach, has not formed its own view on the proposal and at present does not consider it is useful to raise this matter directly with the Chinese Government. We asked the ministry whether it is feasible that New Zealand act as an advocate to encourage dialogue between Tibet and China to resolve their many issues. The ministry explained that, if New Zealand were to undertake such a role, it would need to have a good understanding of the differences and issues between Tibet and China, particularly around territorial sovereignty, autonomy, political processes, and the possible establishment of a semi-autonomous Tibetan region. Furthermore, New Zealand would need to be certain that all parties would welcome it assuming such a role. 4

5 Conclusion We are encouraged to hear that China and Tibet continue to engage in negotiations over the future status of Tibet. We are also mindful of the struggle of the Tibetan people and their supporters to engage with the Chinese Government to find a resolution to their wish to establish themselves as a semi-autonomous government within China. We have taken into account the Ministry of Foreign Affairs and Trade s response to our questions on the possibility of the New Zealand Government broaching the subject of the Middle Way Approach with China. However, we believe that there may be some value in New Zealand raising the issue directly with the Chinese Government, if this can be done within existing policy settings, thereby generating further dialogue between the parties and movement towards a peaceful resolution of the situation in Tibet. 5

6 Appendix Committee procedure We received a written submission from the petitioner, the Embassy of the People s Republic of China, and the Ministry of Foreign Affairs and Trade. We heard evidence from the petitioner and the Ministry of Foreign Affairs and Trade. We met from 17 March to 12 May to consider the petition. Committee members John Hayes (Chairperson) Jacqui Dean Ian Lees-Galloway (from 6 April 2011) Hone Harawira (non-voting member) Hon Pete Hodgson Dr Paul Hutchison Keith Locke Todd McClay David Shearer (until 6 April 2011) Hon Maryan Street 6