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  • Essay / History, politics and legal situation of Tibet

    The roots of the growth of the BPO sector lie in India's policy of liberalization and globalization. The Indian BPO sector prefers to hire young people, which gives an opportunity to young Tibetans residing in the city of Bangalore. BPO is one of the most popular professions among Tibetan youth. History, Politics and Legal Status of Tibet 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 been struggling to regain their freedom and keep their culture intact. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get the original essay History of Tibet before the Chinese invasion of 1949 Tibet has a history dating back over 2,000 years. A good starting point for analyzing the country's status is the period known as Tibet's "imperial era", when the entire country was first united under a single ruler. There is no serious controversy over the existence of Tibet as an independent state during this period. Even China's historical documents and treaties concluded by Tibet and China during this period refer to Tibet as a strong state with which China was forced to deal on an equal footing. At what point in history did Tibet cease to exist as a state and become part of China? The history of Tibet is reminiscent of that of other states. At times Tibet has extended its influence over neighboring countries and peoples, and at other times it has itself been under the influence of powerful foreign rulers – the Mongol Khans, the Gorkhas of Nepal, the Manchu emperors. and the British rulers of India. It should be noted, before examining the relevant history, that international law is a system of law created by states primarily for their own protection. Accordingly, international law protects the independence of states against attempts to destroy it and, therefore, the presumption is in favor of maintaining the state. This means that while an independent state that has existed for centuries, such as Tibet, does not need to prove its continued independence when challenged, a foreign state claiming sovereign rights over it must prove those rights by showing when exactly and by what legal means they were acquired. China's current claims to Tibet are based entirely on the influence that the Mongol and Manchurian emperors had over Tibet in the 13th and 18th centuries respectively. As Genghis Khan's Mongol Empire expanded toward Europe in the west and China in the east in the 13th century, Tibetan leaders of the Sakya school of Tibetan Buddhism reached an agreement with the Mongol rulers in order to avoid the otherwise inevitable conquest of Tibet. They promised political allegiance, blessings, and religious teachings in exchange for patronage and protection. Religious relations became so important that when Kublai Khan conquered China and established the Yuan dynasty, he invited the Sakya Lama to become the imperial tutor and supreme pontiff of his empire. The relations that developed and still exist today between the Mongols and the Tibetans are a reflection of the close racial, cultural and above all affinityreligious between the two peoples of Central Asia. To claim that Tibet became part of China because both countries were independently subject to varying degrees of Mongol control, as the PRC does, is absurd. The Mongol Empire was a global empire; no evidence exists to indicate that the Mongols integrated the administration of China and Tibet or annexed Tibet to China in any way. It's like claiming that France should belong to England because both came under Roman rule, or that Burma became part of India when the British Empire extended its authority over both territories. This relatively brief period of foreign rule over Tibet occurred 700 years ago. Tibet separated from Emperor Yuan before China regained its independence from the Mongols with the establishment of the indigenous Ming dynasty. It was not until the 18th century that Tibet was again subject to some foreign influence. The Ming dynasty, which ruled China from 1368 to 1644, had few ties and no authority over Tibet. On the other hand, the Manchus, who conquered China and founded the Qing dynasty in the 17th century, embraced Tibetan Buddhism as the Mongols had done and developed close ties with the Tibetans. The Dalai Lama, who had by then become the spiritual and temporal ruler of Tibet, agreed to become the spiritual guide of the Manchu emperor. In exchange he accepted patronage and protection. This “priest-patron” relationship, which the Dalai Lama also maintained with many Mongol Khans and Tibetan nobles, was the only formal link that existed between the Tibetans and the Manchus during the Qing dynasty. In itself, this did not affect Tibet's independence. Politically, some powerful Manchu emperors managed to exert some influence over Tibet. Thus, between 1720 and 1792, the Manchu emperors Kangxi, Yong Zhen and Qianlong sent imperial troops to Tibet four times to protect the Dalai Lama and the Tibetan people from foreign invasion or internal unrest. It was these expeditions that provided them with influence in Tibet. The emperor sent representatives to Lhasa, the Tibetan capital, some of whom successfully exercised influence, in his name, over the Tibetan government, particularly in the conduct of foreign relations. At the height of Manchu power, which lasted several decades, the situation was reminiscent of that which can exist between a superpower and a neighboring satellite or protectorate. The subjection of a state to foreign influence and even intervention in foreign or domestic affairs, however politically significant it may be, does not in itself result in the legal extinction of that state. Therefore, although some Manchu emperors had considerable influence over Tibet, they did not incorporate Tibet into their empire, much less China. The Manchu influence did not last very long. It was completely ineffective by the time the British briefly invaded Tibet in 1904 and ceased completely with the overthrow of the Qing dynasty in 19II and its replacement in China by a local republican government. Whatever ties existed between the Dalai Lama and the Qing emperor were extinguished with the dissolution of the Manchu Empire.[1] 1911 – 1950 From 1911 to 1950, Tibet managed to avoid excessive foreign influence and behaved, in all respects, as a fully independent state. The 13th Dalai Lama emphasized his country's independent status externally, in his informal communications with foreign leaders, and internally, by issuing a proclamation reaffirming Tibet's independence and strengthening thedefenses of the country. Tibet remained neutral during World War II, despite heavy pressure from China and its allies Britain and the United States. The Tibetan government maintained independent international relations with all neighboring countries, most of which had diplomatic representatives in Lhasa. The attitude of most foreign governments with which Tibet had relations implied their recognition of Tibet's independent status. The British government pledged not to recognize Chinese suzerainty or any other rights over Tibet unless China signed the draft Simla Convention of 1914 with Britain and Tibet, which China did not never did. Nepal's recognition was confirmed by the Nepalese government in 1949, in documents presented to the United Nations in support of that government's application for membership. The turning point in Tibet's history came in 1949, when the People's Liberation Army of the PRC first entered Tibet. After defeating the small Tibetan army, the Chinese government imposed the so-called "17-Point Agreement for the Peaceful Liberation of Tibet" on the Tibetan government in May 1951. Because it was signed under duress, the The agreement was void under international law. The presence of 40,000 troops in Tibet, the threat of immediate occupation of Lhasa and the prospect of the total annihilation of the Tibetan state left the Tibetans with little choice. It should be noted that many countries made statements during the debates of the United Nations General Assembly following the invasion of Tibet, reflecting their recognition of Tibet's independent status. So, for example, the delegate from the Philippines said: “It is clear that on the eve of the 1950 invasion, Tibet was not under the domination of any foreign country. » Thailand's delegate reminded the assembly that the majority of states "refute the assertion that Tibet is part of China." The United States joined most other UN members in condemning China's "aggression" and "invasion" of Tibet. During Tibet's 2,000-year history, the country only experienced some degree of foreign influence for short periods in the 13th and 18th centuries. Few independent countries today can boast of such an impressive record. As the Irish ambassador to the UN noted during the General Assembly debates on the question of Tibet, "for thousands of years, or at least for a few thousand years, [ Tibet] was also free and also fully free. control of its own affairs as any nation in this House, and a thousand times freer to mind its own affairs than most nations here. From a legal point of view, Tibet has not yet lost its statehood. It is an independent state under illegal occupation. Neither the Chinese military invasion nor the continued occupation transferred sovereignty of Tibet to China. As previously noted, the Chinese government has never claimed to have acquired sovereignty over Tibet through conquest. Indeed, China recognizes that the use or threat of force (apart from the exceptional circumstances provided for by the Charter of the United Nations), the imposition of an unequal treaty or the continued illegal occupation of a country cannot never grant an invader legal title to a territory. His claims are based solely on Tibet's alleged subjugation to some of China's most powerful foreign rulers in the 13th and 18th centuries.[2] History Since the Chinese invasion Despite 40 years of Chinese occupation, the determination of the Tibetan people to preserve their heritage and regain their freedom isstronger than ever. The situation led to confrontation in Tibet and large-scale Chinese propaganda efforts internationally.[3] 1949-51 The Chinese invasion The new Chinese communist government sent troops to invade Tibet in 1949-50. An agreement was imposed on the Tibetan government in May 1951, recognizing sovereignty over Tibet but recognizing the autonomy of the Tibetan government with regard to Tibet's internal affairs. As the Chinese consolidated their control, they repeatedly violated the treaty and open resistance to their power grew, leading to the national uprising of 1959 and the Dalai Lama's flight to India. The international community was shocked by the events in Tibet. Between 1959 and 1965, the United Nations General Assembly discussed the Tibet question numerous times. Three resolutions were adopted by the General Assembly condemning China's human rights violations in Tibet and calling on China to respect those rights, including Tibet's right to self-determination. After 1959: Destruction The destruction of Tibetan culture and the oppression of its people was brutal in the 20 years following the uprising. 1.2 million Tibetans, or a fifth of the country's population, have died because of Chinese policies, according to a Tibetan government estimate in 2017.exiled; many others languished in prisons and labor camps; and more than 6,000 monasteries, temples and other cultural and historical buildings were destroyed and their contents looted. 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 scale of the destruction he saw there, he called for a series of drastic reforms and a policy of “recovery”. His forced resignation in 1987 was said to be partly due to 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." The relaxation of Chinese policy in Tibet occurred very slowly after 1979 and remains very limited[4]. The Legal Status of Tibet Recent events in Tibet have intensified the dispute over its legal status. The People's Republic of China (PRC) claims that Tibet is an integral part of China. The Tibetan government in exile maintains that Tibet is an independent state subject to illegal occupation. The question is very relevant for at least two reasons. First, if Tibet is under illegal Chinese occupation, Beijing's large-scale transfer of Chinese settlers to Tibet constitutes a serious violation of the 1949 Fourth Geneva Convention, which prohibits the transfer of civilian populations to occupied territory. Second, if Tibet is under illegal Chinese occupation, China's illegal presence in the country is a legitimate matter of international concern. If, on the other hand, Tibet is an integral part of China, then these issues are, according to China, within its own national jurisdiction. The issue of human rights, including the right to self-determination and the right of the Tibetan people to maintain their own identity and autonomy, are of course legitimate subjects of international concern, regardless of the legal status of Tibet. . The PRC claims no sovereign rights over Tibet due to its military subjugation and occupation of Tibet after the country's invasion in 1949–1950. Thus, China does not claim to have acquired its sovereignty by way of conquest, annexation or prescription during this period. Instead, they base their claims about Tibet solely on their theory that Tibet is an integral part[5].