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In accordance with the Chinese Constitution, Tibet follows the system
of regional national autonomy. This is a system under which certain
ethnic minority areas, under the unified leadership of the Central
Government, set up organs of self-government to handle their own
affairs. The said government organs of the Tibet Autonomous Region
are the People's Congress and the People's Government of the Tibet
Autonomous Region, their chief leaders being Tibetan.
Acting in accordance with the local political, economic and cultural
situation, the Tibet Autonomous Region has the power to formulate
its own rules and regulations; make independent arrangement for
the development of local economic and construction undertakings,
and for exploitation of local natural resources; independently arrange
and use local financial revenues and financial allocations from
the Central Government; and independently decide on the development
of ethnic education, and literary endeavors, art, press, publication,
radio broadcasting, TV and other cultural undertakings with salient
ethnic characteristics.
The First People's Congress of the Tibet Autonomous Region was convened
from September 1-9, 1965 in Lhasa with the approval of the Central
Government. Among the 301 deputies were 226 Tibetans and 16 of the
Moinba, Lhoba, Hui, Naxi, Nu and other ethnic groups, making up
upwards of 80 percent of the total number. The founding of the Tibet
Autonomous Region was officially declared during the congress, and
Ngapoi Ngawang Jigmei was elected its chairman.
The Chinese Constitution promulgated in 1982 reaffirms some of the
major principles on the enforcement of regional national autonomy
laid down in the 1954 Constitution, and stipulates in explicit terms:
"Among the chairman and vice-chairmen of the standing committee
of the people's congress of an autonomous region, prefecture or
county there shall be one or more citizens of the ethnic minority
or minorities exercising regional autonomy in the area concerned?
"the chairman of an autonomous region, the prefect of an autonomous
prefecture or the head of an autonomous county shall be a citizen
of the ethnic minority exercising regional autonomy in the area
concerned."
Also, according to the Chinese Constitution, among the deputies
to the people's congress of an autonomous region, prefecture or
county, in addition to those of the ethnic minority or minorities
exercising regional autonomy, there should also be a certain number
of deputies of other ethnic groups who live in the area concerned.
The Chinese Constitution also stipulates that the State will assist,
financially, materially and technologically, various ethnic minorities
in developing economic and cultural undertakings, and energetically
cultivate cadres, especially various kinds of professionals and
technical workers. With regard to the autonomous rights due to the
organs of self-government, the Chinese Constitution has stipulations
regarding economic construction, finance, education, science, culture,
health, sports, and use of ethnic languages.
The Law of the People's Republic of China on Regional National Autonomy
promulgated in 1984 is a national law next only to the Constitution
in terms of importance in the exercise of regional national autonomy.
It provides ethnic minorities concerned with legal guarantees in
the exercise of regional national autonomy.
 Tibet
exercises regional national autonomy in accordance with the Chinese
Constitution and the Law of the People's Republic of China on Regional
National Autonomy. Organs of self-government are set up to manage
their own affairs, and for serfs and slaves in Tibet, who used to
live at the bottom of society, to gain emancipation and become masters
of their own fate, enjoying full democratic rights. A great number
of ex-serfs and ex-slaves have become leading cadres at various
levels.
Implementation of the system of regional national autonomy guarantees
the political rights for the Tibetan people. Tibetan residents aged
18 begin to enjoy the right to vote and the right to stand for vote,
irrespective of ethnic group, race, sex, occupation, family background,
religious belief, education, property and term of residence. They
elect their own deputies, and, through these deputies, elect the
people's congresses at various levels to exercise the power to manage
the State and local affairs.
At present, deputies of the Tibetan and other ethnic groups to the
People's Congress of the Tibet Autonomous Region and people's congresses
at the prefectural and municipal levels in Tibet make up 99.92 percent
of the total number; 92.6 percent of the deputies to the people's
congresses at the county level; 82.44 percent of the total number
of the 7th People's Congress of the Tibet Autonomous Region.
 Cadres
of the Tibetan and other ethnic minorities make up 75.3 percent
of the total in the Tibet Autonomous Region. Leaders of the Tibetan
and other ethnic minorities make up 67.2 percent of the total at
the regional level, 60.9 percent at the county level, 65.3 percent
at the prefectural or municipal level, and 77.82 percent at the
provincial level. The most important leaders of the government of
the Tibet Autonomous Region have since the peaceful liberation of
Tibet in 1951 been held by Tibetans.
One of the rights enjoyed by the local organs of self-government
is to enact local laws. The Chinese Constitution stipulates that
"the people's congresses of national autonomous areas have the power
to enact regulations on the exercise of autonomy and other separate
regulations in the light of the political, economic and cultural
characteristics of the ethnic minority or minorities in the areas
concerned.?China's Marriage Law, Law of Succession, Criminal Law,
General Principles of the Civil Law, Civil Law, Forest Law and Adoption
Law all empower the people's congress and its standing committee
in area exercising regional national autonomy to enact moderate
regulations or amendments according to the basic principles of these
laws and in the light of local conditions. This means the Tibet
Autonomous Region enjoys the power to enact local administrative
rules and regulations and, at the same time, rules and regulations
on self-government. Clauses of the Law of the People's Republic
of China on Regional National Autonomy that empower local organs
of self-government to enact moderate laws show that the law is next
to the Constitution in terms of legal power, being higher than local
rules and regulations.
The People's Congress of the Tibet Autonomous Region and its Standing
Committee have, since 1965 when the Tibet Autonomous Region was
founded, formulated and promulgated more than 150 rules and regulations,
and decisions with legal effect. They are related to the construction
of political power, economic development, cultural education, language,
judiciary affairs, and protection of cultural relics, wildlife and
natural resources. While enjoying holidays determined by the Central
Government, the Tibet Autonomous Region makes "the Tibetan New Year?
"the Shoton (Sour Milk Drinking) Festival?and some other festivals
unique to the Tibetans as official holidays enjoyed in the autonomous
region. Given the special geographical conditions, the Tibet Autonomous
Region decides that people in the region work 35 hours a week, which
means they work five hours less than their counterparts in other
parts of China. The Central Government also decides that, on the
premise of observing the Chinese Constitution and defending unification
of the motherland and national unity, the Tibet Autonomous Region
has the power to modify State laws concerned in the light of local
conditions. This is a power not enjoyed by other provinces, municipalities
directly under the Central Government and autonomous regions.
On April 18, 1981, the fifth session of the Standing Committee of
the Third People's Congress of the Tibet Autonomous Region adopted
the Modified Regulations of the Tibet Autonomous Region for the
Implementation of the Marriage Law of the People's Republic of China.
Taking into consideration the fact that the Tibetans had developed
the polyandry and polygamy systems in marriage, which, moreover,
still enjoys certain popularity in the region, the Modified Regulations
couples upholding the Marriage Law with encouragement of free marriage,
stipulating that the old system of polyandry and polygamy be abolished.
However, proceeding from the actual conditions, the Modified Regulations
stipulate that those who have already had more than one wife or
one husband before the Modified Regulations went into effect are
allowed to maintain their status quo in marriage so long as they
do not volunteer to seek changes; for those who seek the old system,
efforts will be made to persuade them not to do so and to follow
the monogamous system. People, who marry more than one woman or
one man despite efforts made to persuade them not to do that, will
not be sentenced bigamy. Herein lies another difference from other
parts of China. Such a stipulation has defended the Marriage Law
of the People's Republic of China and, at the same time, upheld
the basic principles of free marriage and monogamy. While the backward,
feudal form of marriage has been abolished, historically shaped
factors and demand of some Tibetans are considered.
In order that the broad masses of the Tibetan women enjoy equal
rights and interests with men, the Tibet Autonomous Region have
worked out more than 10 kinds of rules and regulations geared to
protecting the legal rights and interests of women according to
the law. Women in the Tibet Autonomous Region, like women in other
parts of China, enjoy the same democratic rights with men. These
rights include political rights, the right to cultural education,
the right to work, the right to own wealth, personal right, and
the rights in marriage and family.
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