History, Politics, Legal Situation

Tibet was a distinct nation and maintained its own government, religion, language, laws and customs. Over the centuries, some countries, including China, Britain, and Mongolia have sought to exert control over Tibet, with periodic and partial success.

International legal scholars agree that from 1911 until the Chinese invasion in 1949, Tibet was a fully independent state by modern standards. Since then, Tibetans have struggled to regain their freedom and keep their culture intact.

1911 – 1950

From I911 to I950, Tibet successfully avoided undue foreign influence and behaved, in every respect, as a fully independent state. The I3th Dalai Lama emphasized his country’s independent status externally, in formal communications to foreign rulers, and internally, by issuing a proclamation reaffirming Tibet’s independence and by strengthening the country’s defenses. Tibet remained neutral during the Second World War, despite strong pressure from China and its allies, Britain and the U.S.A. The Tibetan government maintained independent international relations with all neighboring countries, most of whom had diplomatic representatives in Lhasa.

The attitude of most foreign governments with whom Tibet maintained relations implied their recognition of Tibet’s independent status. The British government bound itself not to recognize Chinese suzerainty or any other rights over Tibet unless China signed the draft Simla Convention of I9I4 with Britain and Tibet, which China never did. Nepal’s recognition was confirmed by the Nepalese government in I949, in documents presented to the United Nations in support of that governments application for membership.

The turning point in Tibet’s history came in I949, when the People’s Liberation Army of the PRC first crossed into Tibet. After defeating the small Tibetan army, the Chinese government imposed the so-called “I7-Point Agreement for the Peaceful Liberation of Tibet” on the Tibetan government in May I951. Because it was signed under duress, the agreement was void under international law. The presence of 40,000 troops in Tibet, the threat of an immediate occupation of Lhasa and the prospect of the total obliteration of the Tibetan state left Tibetans little choice.

It should be noted that numerous countries made statements in the course of UN General Assembly debates following the invasion of Tibet that reflected their recognition of Tibet’s independent status. Thus, for example, the delegate from the Philippines declared: “It is clear that on the eve of the invasion I950, Tibet was not under the rule of any foreign country.” The delegate from Thailand reminded the assembly that the majority of states “refute the contention that Tibet is part of China.” The US joined most other UN members in condemning the Chinese “aggression” and “invasion” of Tibet.

In the course of Tibet’s 2,000-year history, the country came under a degree of foreign influence only for short periods of time in the thirteenth and eighteenth centuries. Few independent countries today can claim as impressive a record. As the ambassador for Ireland at the UN remarked during the General Assembly debates on the question of Tibet,”[f]or thousands of years, or for a couple of thousand years at any rate, [Tibet] wa s as free and as fully in control of its own affairs as any nation in this Assembly, and a thousand times more free to look after its own affairs than many of the nations here.”

From a legal standpoint, Tibet has to this day not lost its statehood. It is an independent state under illegal occupation. Neither China’s military invasion nor the continuing occupation has transferred the sovereignty of Tibet to China. As pointed out earlier, the Chinese government has never claimed to have acquired sovereignty over Tibet by conquest. Indeed, China recognizes that the use or threat of force (outside the exceptional circumstances provided for in the UN Charter), the imposition of an unequal treaty or the continued illegal occupation of a country can never grant an invader legal title to territory. Its claims are based solely on the alleged subjection of Tibet to a few of China’s strongest foreign rulers in the thirteenth and eighteenth centuries. If other countries were to make such tenuous claims based on their imperial past, how seriously would they be taken? Are we not, in even considering the merits of China’s arguments, accepting the right of powerful modern rulers to invade foreign countries in order to recreate lost empires of their ancestors?

Despite 40 years of Chinese occupation, the Tibetan people’s determination to preserve their heritage and regain their freedom is as strong as ever. The situation has led to confrontation inside Tibet and to large scale Chinese propaganda efforts internationally.

1949-51 The Chinese Invasion

China’s newly established communist government sent troops to invade Tibet in 1949-50. An agreement was imposed on the Tibetan government in May of 1951, acknowledging sovereignty over Tibet but recognizing the Tibetan government’s autonomy with respect to Tibet’s internal affairs. As the Chinese consolidated their control, they repeatedly violated the treaty and open resistance to their rule grew, leading to the National Uprising in 1959 and the flight into India of the Dalai Lama.

The international community reacted with shock at the events in Tibet. The question of Tibet was discussed on numerous occasions by the U.N. General Assembly between 1959 and 1965. Three resolutions were passed by the General Assembly condemning China’s violations of human rights in Tibet and calling upon China to respect those rights, including Tibet’s right to self-determination.

After 1959: Destruction

The destruction of Tibet’s culture and oppression of its people was brutal during the 20 years following the uprising. 1.2 million Tibetans, one-fifth of the country’s population, died as a result of China’s policies, according to an estimate by the Tibetan government in exile; many more languished in prisons and labor camps; and more than 6000 monasteries, temples and other cultural and historic buildings were destroyed and their contents pillaged. In 1980 Hu Yao Bang, General Secretary of the Communist Party, visited Tibet—the first senior official to do so since the invasion. Alarmed by the extent of the destruction he saw there, he called for a series of drastic reforms and for a policy of “recuperation.” His forced resignation in 1987 was said partially to result from his views on Tibet. In 1981, Alexander Solzhenytsin described the Chinese regime in Tibet as “more brutal and inhumane than any other communist regime in the world.” Relaxation of China’s policies in Tibet came very slowly after 1979 and remains severely limited.

Attempted Tibet-China Dialogue

Following the re-establishment of contacts with Beijing, two delegations were sent by the Dalai Lama to hold high-level exploratory talks with the Chinese government and party leaders in Beijing in 1982 and 1984. The talks were unsuccessful because the Chinese were, at that time, not prepared to discuss anything of substance except the return of the Dalai Lama from exile. The Dalai Lama has always insisted that his return is not the issue; instead, the question that needs to be addressed is the future of the six million Tibetans inside Tibet. It is the Dalai Lama’s opinion that his own return will depend entirely upon resolving the question of the status and rights of Tibet and its people.

Alarming Chinese Influx

In recent years the situation in Tibet has once again deteriorated, leading in 1987 to open demonstrations against Chinese rule in Lhasa and other parts of the country. One of the principle factors leading to this deterioration has been the large influx of Chinese into Tibet, particularly into its major towns. The exact number of Chinese is difficult to assess, because the vast majority have moved without obtaining official residence permits to do so. Thus, Chinese statistics are entirely misleading, counting as they do only the small numbers of registered immigrants. In Tibet’s cities and fertile valleys, particularly in eastern Tibet, Chinese outnumber Tibetans by two and sometimes three to one. In certain rural areas, particularly in western Tibet, there are very few Chinese. Regardless of the figures, the overall impact of the influx is devastating because the Chinese not only control the political and military power in Tibet, but also the economic life and even cultural and religious life of the people.

The Chinese military as well as the civilian build up in Tibet has been a source of great concern to India, as it impacts directly on India’s security. Tibet acted for centuries as a vital buffer between China and India. It is only when Chinese troops faced Indian troops on the Indo-Tibetan border that tensions, and even war, developed between the world’s most populous powers. The more Tibet is converted into a Chinese province, populated by Chinese, the stronger China’s strategic position along the Himalayas will be. China’s growing military reach has now become a source of concern to many Asian nations as well as to India.

Michael C. van Walt is an international legal scholar and a board member of the International Campaign for Tibet. Reprinted from the Cultural Survival Quarterly. Vol.12 1988 Number 1