Ref: – India under legal obligation towards Tibetans, China & UN.
Dear Sir
This refers to controversy reported in Indian media about visit of Dalai Lama to Australia where China objected Dalai Lama's meeting with Head & Ministers of Government and other political leaders of visiting country.
But India's silence on this issue is deafening and India's behavior violates the tenets of International law as given below especially in view of the fact that as per information available on the webs site http://www.tibet.com Dalai Lama is running Tibetan Government in exile on the soil of India at Dharamsala:-
(i)- When India has already accepted Tibet as apart of China and when Dalai Lama himself does not seek Tibet's independence then how can India allow Tibetan Government in exile on its soil?
(ii)- Moreover, is the example of Pakistan Administered Kashmir not enough (where possession of territory by Pakistan for the last 60 years is practically irreversible) to enlighten India that similar long possession of Tibet by China is also irreversible?
(ii)- When Dalai Lama himself is reportedly seeking merely 'autonomy' (whatever it may mean to him) where Tibetan culture, language, environment, economical interests etc. shall be preserved then-
(A)- Why is India allowing Dalai Lama to talk any thing beyond this which impinges on China's territorial integrity?
(B)- Why is India not facilitating this 'autonomy' to Tibetans especially when these rights are already enshrined in UN International Covenants on civil, political, economical, social, cultural rights (ICCPR, ICESCR)?
(iii)- Why is India not taking worthwhile interest in rehabilitating ousted Tibetans in their home land?
Hence in view of the asylum / refuge provided to Dalai Lama and his millions of Tibetan people for the last almost half century (which puts India under legal obligation towards Tibetans, China & UN), Government of India ought to take the initiative and proactive action for the formation of "Indian Forum for Human Rights & Rehabilitation of Tibetans" (IFHRRT) as given below:-
(1)- In this IFHRRT not only persons from India & some Tibetans but eminent Human Right activists from other countries and some eminent persons from China ought to be included.
(2)- Without allowing any prejudice against china (by the back drop of 1962 Indo-China war & China's consistent support to Pakistan on Kashmir), India ought to insist on UN that China, being its permanent member, is under legal obligation (more than any other ordinary member of UN) to not only honor ICCPR & ICESCR but also the optional protocols ICCPR-OP1 & OP-CAT which entitles UN to intervene in case China violates these rights and resort to Torture and other Cruel, Inhuman or Degrading Treatment or Punishment to Tibetans (this will fortunately constrain India also to sign ICCPR-OP1)
(3)- India ought to approach UN / OHCHR:-
(i)- For creating a special cell to monitor the progress of Human Rights & Rehabilitation of Tibetans (UNCHRRT)
(ii)- For granting recognition to this IFHRRT so that under superintendence of UNCHRRT it can visit Chinese territories / Tibet in order to facilitate Human Rights & Rehabilitation of Tibetans.
(4)- Meanwhile India ought to immediately approach China to allow and facilitate socio-religio-cultural organizations of Tibetans from both sides to visit India & China across the border for organizing and conducting religious functions, festivals and cultural programs of Tibetans.
Yours truly
Hem Raj Jain
208, Supriya, Plot #20, Sector – 10, Dwarka,
New Delhi -110075, INDIA .
Ph: – +91 11 32940177, Mob: 09871194983