World Tibet Network News Wednesday, June 24, 1998

June 23, 1998, Berkeley, Calif.: As President Clinton leaves this week for the first presidential visit to China since the 1989 Tiananmen Square crackdown, the International Committee of Lawyers for Tibet (ICLT) together with the Unrepresented Nations and Peoples Organization (UNPO) today released a new legal study affirming Tibet's right to independence, and refuting the People's Republic of China's historical claim to Tibet.

The study concludes that China's 1950 military invasion of Tibet was an illegal conquest of a sovereign nation, and its continued occupation of Tibet violates international laws, including the United Nations Declaration of Human Rights to which China adheres as a member of the UN and including several international human rights treaties that China has ratified. While Clinton claimed in his press statement before leaving for China, that over time, China's leaders must accept freedom's progress, the new study suggests that, for the Tibetan people, time may be running out to prevent their extinction as a people.

The resettlement of millions of Chinese civilians, soldiers and communist party officials into Tibet, the systematic suppression of Tibetan Buddhism, the destruction of Tibet's fragile environment, and draconian birth control methods including coerced abortions and sterilization, threaten Tibetan culture and, the study argues, undermine China's claim to be the legitimate government of the Tibetan people.

Thestudy notes that of the more than 2,000 political prisoners in China and Tibet, over 1,000 are Tibetans imprisoned for peacefully advocating for a free Tibet. Torture of political prisoners is frequent and well documented,and sometimes results in death. As the Dalai Lama said at a recent ICLT event, "A cultural genocide is taking place in Tibet, and if present circumstances continue, there is no hope for survival. "In his press statement before leaving for China, Clinton vowed to press Chinese officials to respect human rights and religious freedom, and to "take concrete steps to preserve Tibet's cultural, linguistic and religious heritage." Clinton has promised to press Chinese President Jiang Zemin to"resume dialogue with the Dalai Lama to negotiate an end to human rights abuses and provide some measure of Tibetan self-rule.

ICLT's study entitled: "Tibet's Sovereignty and the Tibetan People's Right to Self-Determination," directly challenges the U.S. Administration's position that Tibet is part of China, arguing that Tibet historically has always been an independent country, and was independent, with a government headed by the institution of the Dalai Lama, at the time of the Chinese invasion in 1950. Despite China's illegal occupation, the State of Tibet continues to exist, represented by its legitimate Government-in-Exile in Dharamsala, India. The 112-page study details the historical and present basis of Tibet's sovereignty, going back as far as the 7th century. At the time of China's invasion in 1950, Tibet had a fully functioning government, administered through civil service, judicial and taxation systems, as well as a postal and telegraph service and a separate currency. The government controlled the borders and issued passports, which were recognized internationally. Itentered into treaties as a sovereign with other stat

es, including Great Britain, Nepal, and Mongolia.

The State of Tibet exists in exile under a democratic government with a fully functioning Executive and Cabinet the Kashag -- and with legislative authority resting in an elected Parliament and an independent Judiciary. The study argues that Tibet's right to continued statehood is guaranteed under the United Nations Charter, which rejects claims to territory based on the illegal use of force as contrary to international law. The study also asserts that an independent Tibet would be the only demonstrable way to end human rights abuses against the Tibetan people. The study suggests, that an independent Tibet sandwiched between India, Pakistan, and China -- would also help resolve international tensions building in the region in the wake of the recent nuclear arms tests by India and Pakistan. China already possesses a nuclear arsenal and Indian officials have suggested some are stationed in Tibet.