Regional National Autonomy  
 




In accordance with the Chinese Constitution, Tibet follows the system of regional national autonomy. This is a system under which certain ethnic minority areas, under the unified leadership of the Central Government, set up organs of self-government to handle their own affairs. The said government organs of the Tibet Autonomous Region are the People's Congress and the People's Government of the Tibet Autonomous Region, their chief leaders being Tibetan.

Acting in accordance with the local political, economic and cultural situation, the Tibet Autonomous Region has the power to formulate its own rules and regulations; make independent arrangement for the development of local economic and construction undertakings, and for exploitation of local natural resources; independently arrange and use local financial revenues and financial allocations from the Central Government; and independently decide on the development of ethnic education, and literary endeavors, art, press, publication, radio broadcasting, TV and other cultural undertakings with salient ethnic characteristics.

The First People's Congress of the Tibet Autonomous Region was convened from September 1-9, 1965 in Lhasa with the approval of the Central Government. Among the 301 deputies were 226 Tibetans and 16 of the Moinba, Lhoba, Hui, Naxi, Nu and other ethnic groups, making up upwards of 80 percent of the total number. The founding of the Tibet Autonomous Region was officially declared during the congress, and Ngapoi Ngawang Jigmei was elected its chairman.

The Chinese Constitution promulgated in 1982 reaffirms some of the major principles on the enforcement of regional national autonomy laid down in the 1954 Constitution, and stipulates in explicit terms: "Among the chairman and vice-chairmen of the standing committee of the people's congress of an autonomous region, prefecture or county there shall be one or more citizens of the ethnic minority or minorities exercising regional autonomy in the area concerned? "the chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the ethnic minority exercising regional autonomy in the area concerned."

Also, according to the Chinese Constitution, among the deputies to the people's congress of an autonomous region, prefecture or county, in addition to those of the ethnic minority or minorities exercising regional autonomy, there should also be a certain number of deputies of other ethnic groups who live in the area concerned.

The Chinese Constitution also stipulates that the State will assist, financially, materially and technologically, various ethnic minorities in developing economic and cultural undertakings, and energetically cultivate cadres, especially various kinds of professionals and technical workers. With regard to the autonomous rights due to the organs of self-government, the Chinese Constitution has stipulations regarding economic construction, finance, education, science, culture, health, sports, and use of ethnic languages.

The Law of the People's Republic of China on Regional National Autonomy promulgated in 1984 is a national law next only to the Constitution in terms of importance in the exercise of regional national autonomy. It provides ethnic minorities concerned with legal guarantees in the exercise of regional national autonomy.

Tibet exercises regional national autonomy in accordance with the Chinese Constitution and the Law of the People's Republic of China on Regional National Autonomy. Organs of self-government are set up to manage their own affairs, and for serfs and slaves in Tibet, who used to live at the bottom of society, to gain emancipation and become masters of their own fate, enjoying full democratic rights. A great number of ex-serfs and ex-slaves have become leading cadres at various levels.

Implementation of the system of regional national autonomy guarantees the political rights for the Tibetan people. Tibetan residents aged 18 begin to enjoy the right to vote and the right to stand for vote, irrespective of ethnic group, race, sex, occupation, family background, religious belief, education, property and term of residence. They elect their own deputies, and, through these deputies, elect the people's congresses at various levels to exercise the power to manage the State and local affairs.

At present, deputies of the Tibetan and other ethnic groups to the People's Congress of the Tibet Autonomous Region and people's congresses at the prefectural and municipal levels in Tibet make up 99.92 percent of the total number; 92.6 percent of the deputies to the people's congresses at the county level; 82.44 percent of the total number of the 7th People's Congress of the Tibet Autonomous Region.

Cadres of the Tibetan and other ethnic minorities make up 75.3 percent of the total in the Tibet Autonomous Region. Leaders of the Tibetan and other ethnic minorities make up 67.2 percent of the total at the regional level, 60.9 percent at the county level, 65.3 percent at the prefectural or municipal level, and 77.82 percent at the provincial level. The most important leaders of the government of the Tibet Autonomous Region have since the peaceful liberation of Tibet in 1951 been held by Tibetans.

One of the rights enjoyed by the local organs of self-government is to enact local laws. The Chinese Constitution stipulates that "the people's congresses of national autonomous areas have the power to enact regulations on the exercise of autonomy and other separate regulations in the light of the political, economic and cultural characteristics of the ethnic minority or minorities in the areas concerned.?China's Marriage Law, Law of Succession, Criminal Law, General Principles of the Civil Law, Civil Law, Forest Law and Adoption Law all empower the people's congress and its standing committee in area exercising regional national autonomy to enact moderate regulations or amendments according to the basic principles of these laws and in the light of local conditions. This means the Tibet Autonomous Region enjoys the power to enact local administrative rules and regulations and, at the same time, rules and regulations on self-government. Clauses of the Law of the People's Republic of China on Regional National Autonomy that empower local organs of self-government to enact moderate laws show that the law is next to the Constitution in terms of legal power, being higher than local rules and regulations.

The People's Congress of the Tibet Autonomous Region and its Standing Committee have, since 1965 when the Tibet Autonomous Region was founded, formulated and promulgated more than 150 rules and regulations, and decisions with legal effect. They are related to the construction of political power, economic development, cultural education, language, judiciary affairs, and protection of cultural relics, wildlife and natural resources. While enjoying holidays determined by the Central Government, the Tibet Autonomous Region makes "the Tibetan New Year? "the Shoton (Sour Milk Drinking) Festival?and some other festivals unique to the Tibetans as official holidays enjoyed in the autonomous region. Given the special geographical conditions, the Tibet Autonomous Region decides that people in the region work 35 hours a week, which means they work five hours less than their counterparts in other parts of China. The Central Government also decides that, on the premise of observing the Chinese Constitution and defending unification of the motherland and national unity, the Tibet Autonomous Region has the power to modify State laws concerned in the light of local conditions. This is a power not enjoyed by other provinces, municipalities directly under the Central Government and autonomous regions.

On April 18, 1981, the fifth session of the Standing Committee of the Third People's Congress of the Tibet Autonomous Region adopted the Modified Regulations of the Tibet Autonomous Region for the Implementation of the Marriage Law of the People's Republic of China. Taking into consideration the fact that the Tibetans had developed the polyandry and polygamy systems in marriage, which, moreover, still enjoys certain popularity in the region, the Modified Regulations couples upholding the Marriage Law with encouragement of free marriage, stipulating that the old system of polyandry and polygamy be abolished. However, proceeding from the actual conditions, the Modified Regulations stipulate that those who have already had more than one wife or one husband before the Modified Regulations went into effect are allowed to maintain their status quo in marriage so long as they do not volunteer to seek changes; for those who seek the old system, efforts will be made to persuade them not to do so and to follow the monogamous system. People, who marry more than one woman or one man despite efforts made to persuade them not to do that, will not be sentenced bigamy. Herein lies another difference from other parts of China. Such a stipulation has defended the Marriage Law of the People's Republic of China and, at the same time, upheld the basic principles of free marriage and monogamy. While the backward, feudal form of marriage has been abolished, historically shaped factors and demand of some Tibetans are considered.

In order that the broad masses of the Tibetan women enjoy equal rights and interests with men, the Tibet Autonomous Region have worked out more than 10 kinds of rules and regulations geared to protecting the legal rights and interests of women according to the law. Women in the Tibet Autonomous Region, like women in other parts of China, enjoy the same democratic rights with men. These rights include political rights, the right to cultural education, the right to work, the right to own wealth, personal right, and the rights in marriage and family.


 

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