CHAPTER 1

1.1 Background

1.1.1 Historical Background

1.1.2 Rehabilitation of the Tibetan Refugee Community

1.1.3 The Tibetan Refugee Community Today

1.2 Structure of the Tibetan Refugee Community

1.2.1 Charter of the Tibetan Refugee Community

1.2.2 The Assembly of Tibetan People's Deputies

1.2.3 The Kashag

1.2.4 The Constitutional Commissions

1.2.5 The Departments of the Central Tibetan Administration

1.2.6 Special Units of the Central Tibetan Administration

1.2.7 Governance and Participation Structures in the Settlements

1.2.8 The Independent Sector and the Press

1.1 BACKGROUND

1.1.1 Historical Background

In 1949 the People's Republic of China "imposed its will over Tibet through military force", as documented by the United States Congress. Prior to that time Tibet was an independent country with its own Government, economy, language, culture and religion. Since 1949 China has continued to exercise dominion over the people in Tibet through the presence of a large occupation force. Moreover, approximately 1.2 million Tibetans, about one sixth of the total population, have died in Tibet since 1949 due to political persecution, imprisonment, torture and famine. Over 6000 of Tibet's rich religious and other cultural centers have been destroyed. Confirmed reports of Tibetans being incarcerated and killed for the non-violent expression of their political and religious beliefs persist, as observed during and after the spontaneous demonstrations in Tibet in September and October of 1987 onwards until today.

It was in the context of the Chinese occupation that His Holiness the Dalai Lama, Spiritual and Temporal Leader of the Tibetan people, was forced to leave Tibet in 1959. On his way to India to seek asylum - in Lhuntse Dzong, Southern Tibet not far from the Indian border - he formally repudiated the Seventeen-Point "Agreement" which the People's Republic of China had forced on the Tibetan Government in 1951 and announced the formation of the Tibetan Government under His Holiness the Dalai Lama, the only constituted authority in Tibet. Around 85,000 refugees were able to follow him at that time and seek refuge primarily in India, Nepal and Bhutan.

The Government of India received him and the Tibetan refugees warmly but did not accord recognition to his Government-in-exile. His Holiness the Dalai Lama, however, established a Central Tibetan Administration (CTA) which for all practical purposes functions as the Tibetan Government-in-exile. Although not formally recognized as such by the world at large and in particular by the host Government, the Tibetans both inside and outside occupied Tibet regard the Tibetan Government-in-exile as the sole legitimate Government of Tibet under the leadership of His Holiness the Dalai Lama. And the US Congress through the Foreign Relations Regulation Act in 1991 declared that "Tibet, including those areas incorporated into the Chinese provinces of Sichuan, Yunan, Gansu, and Qinghai, is an occupied country under the established principles of international law whose true representatives are the Dalai Lama and the Tibetan Government in exile as recognized by the Tibetan people".

During his 35 years in exile His Holiness the Dalai Lama has worked ceaselessly to draw the world's attention to the Tibetan issue at various governmental and international forums, as well as at the grass-roots level. In 1959 and 1960 reports of the International Commission of Jurists, Geneva, on the "Question of Tibet and the Rule of Law" and "Tibet and the Chinese People's Republic" respectively, concluded that the activities of the People's Republic of China in Tibet represented a systematic violation of the fundamental rights and freedoms of the Tibetan people, and that genocide had been committed against the Tibetan people. Subsequently the question of Tibet was raised at the United Nations General Assembly in 1959, 1961 and 1965, and resolutions 1353 (XIV), 1723 (XVI) and 2079 (XX) were passed respectively - calling for cessation of practices which deprived the Tibetan people of their fundamental human rights and freedoms, including their right to self-determination.

Since then over ten resolutions and acts of such nature have been passed at various governmental and international forums such as: The European Parliament, Council of Europe, (West) German Bundestag, Italian Parliament, Australian Senate, United Nations Sub-Commission on Human Rights and so on. As noted above, the US Congress recently passed a resolution declaring Tibet as an "occupied country", and the violations of human rights in Tibet have been tabled and debated in the United Nations Commission on Human Rights. The response of sympathy and support at the individual level the world over, where the Dalai Lama has been able to reach, has been one of the greatest sources of encouragement for the Tibetan Government-in-exile and its people both inside and outside of Tibet. To a large extent the resolutions and acts passed at the various forums mentioned above have been the result of the sympathy and support given by individuals all over the world.

The fact remains however that, for economic and political expediency, the Tibetan Government-in-exile has not been recognized by the Governments of the world and in particular by the host Government. This has been a major obstacle for His Holiness the Dalai Lama and his Government-in-exile in the struggle towards their ultimate goal of an Independent Tibet, and also in their efforts to meet social and economic needs while in exile. In spite of such problems, during his 35 years in exile, His Holiness has worked increasingly to secure peace and religious freedom in Tibet, to look after the welfare of the Tibetan refugees, to preserve Tibetan culture and identity, to fully democratize his Government-in-exile (for details see 1.2 and Chapter 9 below) and at the same time to draft a democratic constitution for the future need of Tibet.

1.1.2 Rehabilitation of the Tibetan Refugee Community

In the immediate years following His Holiness the Dalai Lama and the Tibetan refugees taking refuge in India, one of the more urgent needs was a long-term rehabilitation program that would serve to bring all the refugees into homogenous Tibetan communities large enough to allow them to perpetrate their language, traditions and thus preserve their national identity, and of course where they could secure food, shelter, medical care, education and a means of livelihood to develop economically self-supporting communities during their period in exile.

Since the majority of the refugees had been either farmers or nomads His Holiness the Dalai Lama and the Central Tibetan Administration hoped and requested the Government of India to resettle the Tibetans in agricultural-based settlements. However, vacant land for such settlement had to be requested from various State Governments by the Central Government, and as there was not enough land available for agricultural settlements, agro-industrial settlements were also started, most of which are located in the north-west of India in the State of Himachal Pradesh. Thus with the assistance of the Governments of India and Nepal, and also the Government of Bhutan, of the United Nations High Commission for Refugees (UNHCR), foreign donor agencies and the work, faith and tenacity of the Tibetan refugees themselves, 54 refugee Settlements have been established in India, Nepal and Bhutan since 1959, comprising 26 agricultural, 17 agro-industrial and 11 handicraft-based Settlements.

These Settlements differ greatly in location and circumstances. While certain remote Settlements in Ladakh (an area in Jammu and Kashmir State bordering Tibet) and north Nepal closely resemble Tibet in terms of climate and lifestyle, less than 5 percent of the refugees live under such conditions. A majority of the Settlements are on reclaimed forest land in dry, hot, forbidding climates which are the antithesis of the Tibetan environment. See p. v for a map setting forth the locations of the Settlements in India and Nepal.

In the agricultural Settlements, mostly located in south India, five acres of land were originally given to every family of five members. For convenience a system of artificial family groups of five persons (whether relatives or not) was used for the distribution of land and houses. Gradually the people themselves sorted out their families and made changes in the division of land and housing accordingly. The initial settlers were paid for the work of clearing land, digging wells and constructing houses. During the first five years rations were also provided by the Government of India and UNHCR. A housing unit for a family of five consists of 300 to 500 square feet divided into two or three rooms, and a plot of land for a kitchen-garden.

In all the Settlements there are health centers (both for modern allopathic medicine and for traditional Tibetan medicine), creches and schools starting from pre-primary up to Class 12 in some Settlements, and up to Class 10 in most Settlements, as well as monasteries or temples. Cooperatives or Societies have been started in all the Settlements; they run various enterprises such as carpet-weaving and handicraft centers; procuring and advancing fertilizer and seeds; marketing agricultural produce; flour mills; animal husbandry; tractor workshops; transportation; provision stores, and so on to help with the needs of the settlers and also provide them with supplementary income as agricultural proceeds alone cannot sustain the settlers, a problem which is becoming more acute as the productivity of the land decreases.

Among the Tibetan refugees who arrived in India and Nepal between 1959 and 1979 a total of 9845 have still not been provided with full rehabilitation facilities. These Tibetans are scattered throughout India and Nepal. A large proportion of them live in camps - reminiscent of the road worker camps where Tibetans were first accommodated in the early sixties - in places like Kullu and Manali; other camps have developed in or around towns and cities. Most of these camps are provided with basic facilities like a dispensary, Tibetan school, temple and a Welfare Officer appointed by the Central Tibetan Administration to serve as a link to the Administration in Dharamsala. The livelihood for refugees in these camps is derived from petty seasonal business, shop-keeping, restaurants, manual labor and so on.

On the whole the Settlements have been very successful: to a great extent they have achieved their objectives, as envisaged when the rehabilitation program was initially conceived. However, due to the strains of population growth, the decreasing yield from the soil and lack of adequate employment opportunities and attractions, especially for the educated young people, more and more settlers have tended to depend on sweater-selling, other petty business and employment outside the Settlements, threatening to undermine the very purpose for which these Settlements were established.

1.1.3 The Tibetan Refugee Community Today

1.1.3.1 Population. The Tibetan Refugee Community in South Asia today has grown to 121,143 from 85,000 original refugees. Table 1.1.3 gives data on the Tibetan population by region in India and Nepal, both those living inside and those outside the Settlements. Almost 70,000 Tibetan refugees live in the Settlements; the remaining 50,000 live in scattered communities in India and Nepal. In addition there are 4634 Tibetan refugees who live outside South Asia.

Note:The total population figures in South Asia have been compiled from the IDP survey, the Office of His Holiness the Dalai Lama and Department of Home records. The population figures for Tibetans abroad have been taken from the records of the Department of Information and International Relations. Until a population census is undertaken, the CTA assumes the total population of the Tibetan Refugee Community to be 130,000.

The refugee population has increased significantly in recent years. This increase has resulted from: (i) a continuing stream of refugees in the years following His Holiness the Dalai Lama's flight until Chinese policies cut off the ability of the people to flee Tibet; (ii) births in the Community; and, (iii) a renewed stream of refugees after the liberalization of Chinese policy, beginning in 1980, made travel to India legally feasible and escape a realistic possibility. From 1986 to 1993 over 15,000 Tibetans have sought asylum in India, increasing the refugee population by over 10 percent. Almost two thirds of these new refugees have been children and young people under the age of 25. This rapid growth of young Tibetans has caused severe strains to the already fragile Settlement economy and infrastructure, particularly since (i) the amount of land to support the Community has not increased proportionately; (ii) employment opportunities in the Settlements are severely limited; (iii) additional housing facilities to sustain the new population are absent; and, (iii) infrastructure, such as sanitation, health, education and similar facilities, has not developed proportionately.

The population of monks and nuns has also grown rapidly in recent years due to the continued suppression of religion in Tibet. Almost 45 percent of all newly arrived refugees in the past five years have been monks and nuns, so that today the religious community is estimated to comprise nearly 18,000 persons. In fact the monastic population has more than doubled since 1980. Monastic institutions have few economic resources to support this increasing population. As many of the monasteries are located in the Settlements, this compounds the stress on the economies of the Settlements that are already poor in land and other resources. (For more details on the new refugees see Chapter 3A).

1.1.3.2 Livelihoods and Employment. Almost thirty percent of the total working population is dependent on agriculture (including animal husbandry), a proportion that rises to nearly half of the working population in the Settlements. Thirteen percent of the total working population is dependent on handicrafts, mostly carpet weaving, which also provide a valuable source of secondary income for many more refugees. Another 29 percent of the population are primarily engaged in sweater selling and other trading. The remaining 30 or so percent of the population is engaged in services, including those in government service as school teachers, health workers, cooperative employees and so on, as well as those engaged in private services such as hotels, restaurants, repair workshops and shops.

The total arable land of the agricultural Settlements in India and Nepal is over 26,000 acres, of which three quarters is under cultivation, although only 5 percent of the cultivable land is irrigated. Due to the increase in the population the average land holding per household has dropped to about 2.7 acres for a household of, on average, 5.8 people. Maize is the predominant crop, particularly in the large agricultural Settlements in South India, followed by paddy in the Settlements in Central and North-eastern India. Farm products are usually sold in the open market where prices vary considerably from year to year, often causing substantial losses to the farmers. As stated earlier, irrigation is minimal or non-existent in the agricultural Settlements, making them vulnerable to droughts, such as the one in 1987, which wiped out all crops that year in the agricultural Settlements of South India.

Due to a lack of employment opportunities many in the Settlements are forced to migrate regularly in search of income, derived largely from sweater selling. Nearly a third of the adult population in the Settlements migrates out of the Settlements every year, a proportion that rises to as much as four out of every five adults in some Settlements.

Because of the lack of employment opportunities, unemployment (defined as having no work for more than six months a year) stands at 18.5 percent among the adult population. The unemployment rate among the rapidly growing number of youths aged between 16 and 25 years is 16.9 percent.

Of the over 50,000 refugees who live in scattered communities outside of the Settlements only 10,000 are refugees who came between 1959 and 1979 but have not received any rehabilitation facilities until now. Many of those who live outside of the Settlements do so because of better livelihood and employment opportunities. Private trading and services are by far the most important occupations for those in the scattered communities accounting for almost three-quarters of total employment there. (For more details see the survey of employment and economic activities at the beginning of Chapter 4.)

1.1.3.3 Education. As a result of the foresight of His Holiness the Dalai Lama and the then Indian Prime Minister Jawaharlal Nehru a number of schools financed by the Government of India were established in the Settlements. In addition the Central Tibetan Administration, as well as autonomous schools like the Tibetan Children's Village, run schools in many areas where the Indian sponsored schools do not yet exist. These schools are dependent on the assistance of philanthropic individuals and organizations all over the world. It is estimated that 80 percent of Tibetan refugee children are enrolled in Tibetan schools, and a few more children in non-Tibetan schools. The Refugee Community is still seeking to provide universal school education for all Tibetan refugee children, although with the growing population of children, especially the newly arrived refugees from Tibet, this goal is still to be achieved.

One of the greatest problems now facing the education sector is that there are very few opportunities for Tibetan refugees graduating from schools to attend further education. Thus many children leaving school have no opportunity to continue in further education, especially in scientific, technical, professional and vocational fields, that would give them the necessary skills to find a productive job. Yet, because of the lack of meaningful and challenging economic projects in the Settlements, the Community cannot fully absorb even those who do graduate from (mainly Indian) colleges and technical institutions. As a result many of these graduates are compelled to look for work outside the Community. (For further details see Chapter 5.)

1.1.3.4 Housing and health. Houses in the Settlements were designed for five member families. In some Settlements overcrowding has now become a serious problem with up to ten members in each household. With families continuing to grow, the problem is expected to intensify. Moreover, many of the houses, including those built as temporary structures, have not been renovated since they were first constructed in the 1960s.

The CTA has been able to establish Primary Health Care Centers in almost every Settlement in India and Nepal with a minimum of one Community Health Worker to look after the preventive, promotive and curative health care needs of each community. In addition traditional Tibetan medicine clinics operate in many Settlements with physicians trained by the Tibetan Medical and Astrological Institute.

Tuberculosis was for long a major health problem. Over 35,000 cases within the Refugee Community have been reported since 1959. A concerted effort with international assistance has greatly improved TB detection and treatment. Other health problems include dysentery, diarrhoea, hepatitis, skin disorders, and respiratory diseases resulting from unhygienic conditions and the change of environment after the purity of the Tibetan plateau.

Gastro-enteric, diarrhoeal, skin and respiratory diseases account for the highest proportion of the disease incidence both inside and outside of the Settlements. Much of this is a result of poor sanitation and hygiene in the Settlements and camps on account of inadequate water supply and related facilities. On average the Settlement communities are able to meet only about two-thirds of their drinking water and washing water requirements, while many Settlements have half or less drinking water than they require. (For further details see Chapter 6.)

1.1.3.5 New refugees. The opening of the Tibet-Nepal border in 1980, and changes in China's policy that, after more than 20 years, allowed Tibetans to make pilgrimage and visit their families in exile, have resulted in a steady flow of Tibetans from Tibet into India and Nepal. These people flee Tibet (i) due to a strong belief that they can do more from outside for Tibet's freedom; (ii) to escape religious persecution as they can practice their religion freely in exile; (iii) so that their children can get a Tibetan education since little such education is provided in Tibet; and, (iv) to escape political persecution for having expressed views or engaged in actions which they believe subject them to risk of imprisonment, torture or even execution. The most common means of escape used by these refugees is to walk through the high mountain passes into Nepal, carrying little or nothing with them. Almost all of them visit Dharamsala, India, the temporary headquarters of His Holiness the Dalai Lama and the Central Tibetan Administration.

During 1990 as many as 2066 new refugees came to India for resettlement. The number increased to 2725 in 1991, to 2960 in 1992, and to 4477 in 1993. The continuous and growing stream of new refugees has compelled the Central Tibetan Administration to construct buildings to provide temporary shelter for them. The new refugees nearly always arrive with only the clothes they wear and a few personal effects. Due to the difficult journey and sudden and drastic change in climatic conditions many of them have health problems. They seldom have education or skills that they can use to support themselves. Other than the temporary shelter provided by the CTA no housing is available for the resettlement of these new refugees. The Settlements are already overcrowded and funds to construct new housing units are not available.

The problem is particularly acute among the youth and among those fleeing religious persecution. In the last five years 44 percent of all new refugees who have come from Tibet have been between 14 and 25 years old. A further 17 percent have been 13 years old or younger, many left behind by their parents so that they can be educated and be near His Holiness the Dalai Lama. Having received essentially no schooling of value in Tibet, these children and youths cannot be easily introduced into schools in India or Nepal. They do not know English, Hindi or Nepali which are taught in the schools in India and Nepal and have only a limited knowledge, if any, of Tibetan. Thus these students have to be provided special facilities so that they can gradually learn these languages and find means to support themselves.

Forty-four percent of all new refugees in the past five years have been monks and nuns fleeing religious persecution. While the monasteries and nunneries that were reestablished in India and Nepal have been willing to rehabilitate new arrivals in the past, the sudden and dramatic increase in the number of new monks and nuns, which has more than doubled the monastic community since 1980, has made it difficult for the already overcrowded monasteries and nunneries to continue to absorb them unless rehabilitation facilities are specifically targeted for new monks and nuns. (For further details see Chapter 3A.)

1.2 STRUCTURE OF THE TIBETAN REFUGEE COMMUNITY

This section covers the various institutions of political representation, decision-making and governance within the Tibetan Refugee Community.

1.2.1 Charter of the Tibetan Refugee Community. His Holiness the Dalai Lama has on numerous occasions emphasized his wish to further develop the Tibetan Government system into a more ideal democracy for Tibet and the Tibetans, culminating in the establishment of a Tibet Constitution Redrafting Committee in 1990 to formulate a draft democratic constitution for future Tibet and a Charter for the Tibetans while in exile. A draft of the Charter, containing 108 Articles, was widely circulated by the Committee in early 1991 to elicit the public's response and suggestions. The Committee then drafted the final Charter which was submitted to the 11th Assembly of the Tibetan People's Deputies and His Holiness the Dalai Lama, and was passed and promulgated on 14 June 1991. The basic fundamentals laid down by the Charter are:

-to uphold the principles of non-violence as laid down in the teachings of Tibetan religious traditions;

-to be a social welfare and federal democratic Republic;

-to adhere to the Universal Declaration of Human Rights as specified by the United Nations;

- to emphasize the promotion of the moral and material welfare of the Tibetan people to achieve their common goal of Tibet's independence;

- to provide to all Tibetans equality before the law and the enjoyment of the rights and freedoms set forth in the Charter without discrimination of sex, race, language, religious status, social origin, or economic position.

- to endeavor to conform to the generally accepted principles of international laws of host countries;

The Constitution Redrafting Committee is currently drawing up draft constitutions which can serve as a basis for discussion when Tibet regains its independence.

1.2.2 The Assembly of Tibetan People's Deputies. The Assembly of Tibetan People's Deputies is the highest elected legislative organ of the Tibetan Refugee Community. The Assembly was formerly known as the Commission of Tibetan People's Deputies and came into being in 1960. The present Assembly of People's Deputies is the eleventh since its inception. The creation of this democratically elected body was one of the major changes that His Holiness the Dalai Lama has brought about in his efforts to introduce a democratic system and administration. The Assembly consists of 46 elected members representing the three provincial regions and five major religious sects of Tibet. The three provincial regions are U-Tsang, Kham and Amdo; each region elects ten Deputies. The five religious sects (Nyingma, Sakya, Kagyu, Gelug and Bon) are represented in the Assembly by two Deputies each. There are also two Deputies elected from Europe and one from North America. In addition, His Holiness the Dalai Lama nominates one to three Deputies directly to the Assembly. The Assembly is headed by a Chair and a Vice-Chair, who are elected by the Deputies from amongst themselves.

Any Tibetan who has reached the age of 25 years, without discrimination on grounds of sex, religion, and social origin, has the right to contest elections to the Assembly, which have been held every three years in the past, and will be held every five years from the 11th Assembly onwards. Likewise every Tibetan who has reached the age of 18 years is enfranchised without any discrimination as mentioned above.

Sessions of the Assembly are held from time to time when summoned by His Holiness the Dalai Lama at a place and for a duration as may be fixed, although not more than six months may elapse between sessions. When the Assembly is not in session there is a Standing Committee of the Assembly, consisting of two members from each region and one member from each religious denomination, who are elected or selected by the members of the Assembly, as well as one member who is directly nominated by His Holiness the Dalai Lama.

All legislative powers and authority are vested in the Assembly of Tibetan People's Deputies, and legislation further requires the assent of His Holiness the Dalai Lama. The Deputies of the Assembly also play an advisory role to the Central Tibetan Administration by considering the problems arising out of departmental work, suggesting solutions, and endeavoring to promote a healthy relationship of mutual trust and confidence between the Administration and the people. The Assembly thus acts as a vital channel between these two.

Important functions of the Assembly are to sanction the annual budget of the Central Tibetan Administration, approve policies and to elect the Kashag (Cabinet) of the CTA. The current Assembly has passed the Charter for the Tibetan Refugee Community and related rules and regulations pertaining to the Central Tibetan Administration, the annual budget and various Commissions.

As representatives of the people the Deputies of the Assembly undertake periodic tours of the various Settlements, handicraft centers, schools and other areas where Tibetans are living to make an objective assessment of their overall conditions. On their return from these trips any specific grievances and matters needing the immediate attention of the Administration are brought to its notice. In this way the Tibetan people play a direct role in the affairs of the Central Tibetan Administration.

The Assembly also liaises with Governments, Parliaments, NGOs and individuals throughout the world in order to gain support for Tibet, and lobbies for support from the Government, political parties, organizations and the people of India. In March 1994 the Assembly, with the support of the Department of Information and International Relations (DIIR), convened a World Parliamentarians' Convention on Tibet in collaboration with the All-Party Indian Parliamentary Forum for Tibet (APIPFT) to provide a forum for interaction and future coordination among parliamentarians sympathetic to the Tibetan cause.

The Assembly is serviced by a Secretariat, which attends to all the Deputies and executes the decisions of the Sessions, Standing Committee and the two Chairs. It draws up the annual budget proposal of the Assembly and plays a major role in the smooth conduct of the Sessions.

1.2.3 The Kashag. The executive power of the Central Tibetan Administration (CTA) is vested in His Holiness the Dalai Lama. He is to exercise this power either directly or through officers and organs in accordance with the provisions of the Charter. The Kashag or the cabinet of the CTA is responsible for exercising executive powers subordinate to His Holiness the Dalai Lama. Its members are elected by the Assembly of Tibetan People's Deputies. The Kashag is the highest executing organ of the Central Tibetan Administration. The Kashag makes all the policy decisions, in consultation with and on approval of His Holiness the Dalai Lama, on matters relating to problems of the Tibetan Refugee Community and has the main responsibility of trying to keep the question of Tibet alive.

All the Kalons (ministers) have equal power and responsibility and each head one or two Departments of the CTA according to the number of Kalons. The Kalons elect, for a term of one year, one of their members as the Chair, who leads the Kashag in its deliberations. The maximum number of Kalons at any one time is seven and the minimum is three in accordance with the Charter. The current Kashag has six Kalons. The Kashag is serviced by a Secretariat, which is responsible for all administrative matters of the Kashag and of important measures of the CTA which affect more than one Department.

1.2.4 The Constitutional Commissions

1.2.4.1 The Tibetan Supreme Justice Commission. The Tibetan Supreme Justice Commission was established on 10 March 1992 under the Charter of the Tibetans in exile. Under the Charter the Commission is responsible for the settlement of cases and controversies of a purely civil nature and which are internal to the Tibetan Refugee Community. It is the aim of the Commission to settle such cases in the most effective manner possible without delaying justice. Thus the Commission is responsible for framing a judicial code and civil procedures appropriate to the situation of the Tibetan Refugee Community in exile. Disputes will be settled more or less in accordance with arbitrational procedures. The Commission is near completing the final draft of the judicial code and civil procedures which will come into force upon obtaining the approval of His Holiness the Dalai Lama. The Commission will establish Local Justice Commissions in each Settlement and Circuit Justice Commissions (equivalent to High Courts) in six different zones.

The Chief Justice Commissioner is nominated by His Holiness the Dalai Lama. The nomination requires acceptance by two-thirds of the Deputies of the Assembly of the Tibetan People's Deputies for appointment by His Holiness the Dalai Lama.

1.2.4.2 The Election Commission. In accordance with the Charter of the Tibetans in exile, the power and function of the Election Commission is to conduct and oversee the election of the Assembly of Tibetan People's Deputies; Local People's Assemblies; the Chair and the Vice-Chair of the Assembly; members of the Kashag; the Chair of the Kashag; referenda; and other such elections as per the provisions of the Charter.

The need for an independent Election Commission has been strongly felt to oversee and conduct elections in all matters relating to the decision-making process of the CTA. The Chief Commissioner of the Election Commission is directly nominated and appointed by His Holiness the Dalai Lama in accordance with the provisions laid down in the Charter.

1.2.4.3 The Public Service Commission. The Charter enshrines a provision for the creation of the Public Service Commission, which came into existence in 1991 with the appointment of its first Chairman. Besides the Chair there are two to four members appointed by His Holiness the Dalai Lama. The Commission has autonomous status in the CTA.

The main function of the Commission is to recruit, train, appoint and promote the civil servants of the Central Tibetan Administration. At present there are 350 officials in the various offices of the CTA, although there are 518 sanctioned posts.

1.2.4.4 The Office of the Auditor General. The Office of the Auditor General is the body responsible for auditing the accounts of all the Departments of the CTA and its subsidiaries which are funded by the CTA. It is also required to audit the accounts of all the public Tibetan institutions like cooperatives and societies, trading concerns, educational institutes, hospitals and health centers, and so on. The Office not only checks the correctness of the accounts but also evaluates efficiency, propriety and management performance. The Office of the Auditor General thus functions as the "watchdog" of the CTA. The Auditor General is directly nominated and appointed by His Holiness the Dalai Lama in accordance with provisions laid down in the Charter.

The heads of all the four Constitutional Commissions can be removed from their offices by the Assembly of the Tibetan People's Deputies as per the provisions laid down in the Charter.

1.2.5 The Departments of the Central Tibetan Administration

1.2.5.1 Department of Religion and Culture. As most of the monasteries and religious and cultural institutions were being destroyed in Tibet and there was danger of the Tibetan religious and cultural heritage being wiped out, His Holiness the Dalai Lama established the Council for Religious and Cultural Affairs (now the Department of Religion and Culture) in 1959 to preserve and promote understanding of Tibetan religion and culture. The Department has helped in the preservation of the lineages of both Buddhist and Bonpo traditions and in the re-establishment of their monasteries in India and Nepal, as well as finding sponsors for needy monks and nuns. The Department also organizes various exchange programs and produces religious and cultural publications.

1.2.5.2 Department of Home. The Department of Home is responsible for all rehabilitation schemes for the Tibetan refugees. All the Settlement Officers, as well as the Welfare Officers who work in areas where there is no Settlement, and the managers of the handicraft centers are directly responsible to the Department, and through them the Settlements and handicraft centers keep in close contact with the Central Tibetan Administration. Cooperatives and societies also come under the responsibility of the Department.

1.2.5.3 Department of Finance. The Department of Finance has three main sections for the Budget, Loans, and Business Operations, respectively. The Department has recently been made responsible for formulating the annual budget of the CTA. The business units under the Department, which seek to generate income for the CTA and to provide employment for Tibetans in the Settlements, are divided into various units for administrative purposes. His Holiness the Dalai Lama's Charitable Trust, a registered society, as well as the Bhelyul units, are involved in carpet-weaving and handicraft production, including wool and yarn production and exports. The Tibetan Administration's Welfare Society, also a registered society, primarily runs businesses in the tourism sector, as well as an agro-processing unit in south India.

1.2.5.4 Department of Education. The Department of Education is responsible for all educational activities except those falling under the autonomously constituted Tibetan Children's Village and Tibetan Homes Foundation. The Department oversees 85 schools in India, Nepal and Bhutan serving over 27,000 children. Thirty of these schools come under the Central Tibetan Schools Administration (CTSA), which is run by the Government of India. The Department of Education itself runs 34 schools, for which it receives a grant from CTSA for teachers' salaries. The Department runs a major child sponsorship scheme with both individual and organizational sponsors, and also awards scholarships to bright school graduates for further and higher education.

1.2.5.5 Department of Security. The Department of Security was set up in 1959 soon after the formation of the Central Tibetan Administration. The primary duty of the Department is to ensure the personal security of His Holiness the Dalai Lama. The Department has a Branch Security Office which mainly deals with arranging public audiences with His Holiness the Dalai Lama and helps Tibetan refugees in seeking renewal of their Refugee Residential Certificates. The Department also runs a Research Unit which concerns itself with keeping abreast of developments in occupied Tibet and in China.

1.2.5.6 Department of Information and International Relations. The main activity of the Department of Information and International Relations is to disseminate information about Tibet. The Department prints and publishes journals and other publications on Tibet in four different languages, as well as audio and visual recordings, including interviews of new refugees who have fled Tibet. Various desks of the Department monitor human rights, environmental issues and the condition of women in Tibet. The Department acts as the protocol office of the CTA and assists visitors to Dharamsala, and liaises with the Tibetan Support Groups throughout much of the world, as well as other organizations, such as Amnesty International, which deal with Tibetan issues.

1.2.5.7 Department of Health. The Department of Health, which was established in 1980, is responsible for looking after the health needs of the Tibetan Refugee Community in India, Nepal and Bhutan. In particular it runs health centers in almost all the Settlements, as well as six hospitals for referrals from the health centers. The Department is also responsible for meeting the costs of emergency health needs and treatment of poor Tibetans. In collaboration with the Tibetan Medical and Astro Institute (TMAI) the Department is seeking to integrate modern allopathic medicine with the traditional system of Tibetan medicine.

1.2.5.8 The Planning Council. Recognizing the need to improve the use of its human, physical and financial resources in the development of the Tibetan Refugee Community, the CTA, in 1988, established the Planning Council, which is chaired by the Chair of the Kashag and comprises the Secretaries and other Heads of most of the CTA Departments, as well as of some special units. The Planning Council has been instrumental in introducing planning processes into the Central Tibetan Administration, as well as establishing a number of service and other units for the CTA, such as the Handicraft Development Board and the Tibetan Computer Resource Center.

1.2.5.9 The Office of the Reception Centers. With the increasing number of new refugees from Tibet the Office of the Reception Centers was established in 1990 to provide reception facilities for these refugees. The Office has branch offices in Kathmandu, where most refugees first arrive, New Delhi and Dharamsala. The Reception Centers seek to provide accommodation for the new refugees for 30 days; to interview each new refugee; to seek admission for them into relevant institutions where appropriate, for example into schools, monasteries and nunneries and old people's homes; and to provide some means of livelihood for the lay adults.

1.2.5.10 Office of Personnel and Estate. The Office of Personnel and Estate was formally part of the Public Service Commission, but was separately established in 1992. The Office has the overall responsibility of looking after the welfare of the staff of the CTA in terms of pensions, medical welfare, allotment of staff quarters, as well as for the construction and maintenance of the buildings and quarters of the CTA. The Office comes under the direct supervision of the Kashag Secretariat.

1.2.5.11 Overseas Offices. The Central Tibetan Administration has ten Overseas Offices which are responsible to the Kashag and under the charge of the Kalon (Minister) for the Department of Information and International Relations. These Offices are in New York, Geneva, London, Paris, Zurich, Budapest, Moscow, Tokyo, Canberra and Kathmandu.

The Bureau of His Holiness the Dalai Lama in New Delhi is responsible for liaising with the Governments of India and SAARC countries and promoting better understanding of Tibet and the Tibetan cause among the Indian and SAARC people and the international press at Delhi.

1.2.6 Special Units of the Central Tibetan Administration. Over a period of time various functions and activities performed by the different Departments of the CTA were spun off into special units; others were established independently. These special units operate autonomously under the general supervision of the Kashag and the concerned Departments; a few remain under the direct management of the Departments. Examples of such units are given below; many of these units appear under the relevant sectors of this Plan.

Under the Department of Religion and Culture:

The Tibetan Institute of Performing Arts (TIPA);

The Central Institute of Higher Tibetan Studies, Varanasi;

The Library of Tibetan Works and Archives (LTWA); and

Tibet House, New Delhi.

Under the Department of Home:

H.H. The Dalai Lama's Central Tibetan Relief Committee.

Under the Department of Finance:

H.H. The Dalai Lama's Charitable Trust; and

The Tibetan Administration's Welfare Society (TAWS).

Under the Department of Education:

The Tibetan Children's Village (TCV);

The Tibetan Homes Foundation (THF); and

The Cultural Printing Press.

Under the Department of Information and International Relations:

The Narthang Printing Press;

The Tibetan Freedom Press; and

The Tibetan Review.

Under the Department of Health:

The Tibetan Medical and Astro Institute (TMAI);

Delek Hospital and other hospitals.

Under the Planning Council:

The Tibetan Handicraft Development Board (HDB);

The Tibetan Computer Resource Center (TCRC);

The Revolving Loan Fund (RLF);

The Technical Service Center (TSC).

1.2.7 Governance and Participation Structures in the Settlements. The governance of the Tibetan Refugee Settlements and the scattered communities is also based on democratic principles.

There is a Representative of the Central Tibetan Administration in each Settlement and major scattered community who is responsible for looking after the welfare of the refugees in the Settlement or area. The Representative keeps in constant touch with the Department of Home through periodical and annual reports, as well as on other matters which need to be referred to the Head Office from time to time.

The general structure of the Settlements is based on clusters of villages in accordance with the size of each Settlement. There is a camp leader for each village, elected by all adults in the village, who is the chief coordinator between the Representative's office and the public. In the scattered communities members of the Tibetan NGOs (see below) and other elected people are the main coordinators between the Welfare Officer's office and the public.

Under the Charter the Settlements and clusters of scattered communities can elect their own Settlement or Welfare Officer. However, the choice is left to the people, and in the most cases the people have chosen, through secret vote, to have a appointee of the CTA in that position. However, a beginning has been made in Dharamsala and Shillong in the north-east, where there have been elected Welfare Officers in position since 1992 and 1993 respectively. In addition a few of the Settlements have since their inception been managed by autonomous societies comprising the members of the respective Settlements.

In many Settlements there is a registered cooperative or society. One of the main objectives of the cooperatives or societies is to procure and supply consumer goods to its members, procure and supply inputs for agriculture or handicrafts, and find markets for outputs. The cooperatives or societies play a very important role for the socio-economic conditions of the settlers, without which the settlers would not have been able to create a life like they have today. While the Cooperative Secretary is appointed by the Central Tibetan Administration the policies of individual cooperatives are determined by the Board of Directors who are democratically elected by those settlers who are members of the cooperative. Unlike many cooperatives in India the Tibetan cooperatives are thus in practice democratically controlled.

To further reinforce active and democratic grassroots participation both in decision-making and the day-to-day functioning of the Settlements and scattered communities, the Charter mandates the establishment of elected Local Assemblies. These Local Assemblies make local laws, rules and regulations and pass them with due consultation with the Settlement or Welfare Officers. The Local Assemblies also pass the local budget. The term of each Local Assembly is three years unless circumstances demand its dissolution before the expiry of its term. So far 35 such Local Assemblies have been established for 25 out of the 54 Settlements, including all the largest Settlements, as well as for 11 clusters of scattered communities.

1.2.8 The Independent Sector and the Press. There are many Tibetan non-governmental organizations in the Refugee Community. The three most prominent ones are the Tibetan Freedom Movement, the Tibetan Youth Congress and the Tibetan Women's Association. These bodies have a large membership base and have a branch active in almost all the major Settlements and scattered communities. They conduct regular elections and plan their own activities independently of the CTA. They raise their own funds through contributions and events, as well as from donors.

Many of the institutions listed in 1.2.6 above, while they work closely with the Central Tibetan Administration and operate under the general supervision of the concerned Departments, are autonomously managed. The most prominent of these are the Tibetan Children's Village and the Tibetan Homes Foundation, the Tibetan Medical and Astrological Institute, the Tibetan Institute of Performing Arts, the Library of Tibetan Works and Archives and Tibet House. The importance of such autonomous institutions can be gauged from the fact that eight such institutions had a total expenditure of Rs 129 million in 1992-93, which represents 40 percent of the total expenditure of all the central Tibetan refugee institutions.

There is also a small but emerging free press in the Refugee Community. There are the Tibetan Review (a monthly publication in English), Mangtso (Democracy, a fortnightly newspaper in Tibetan), Rangzen (Freedom, a quarterly in Tibetan and English) as well as others which air free and independent views about the affairs of the Community. Thus they freely criticize the Government and its policies, thereby encouraging democratic debate within the Refugee Community. Recently a group of Tibetans has also established Amnye Machen, an independent research institution on Tibetan society and culture.

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