News and Views on Tibet

Elected representatives of the 17th TPiE set to meet to resolve parliamentary deadlock

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The 17th TPiE has not been able to convene both of the annual sessions of 2021 (File Photo/DIIR)

By Choekyi Lhamo

DHARAMSHALA, Sept 16:  Three months into the parliamentary deadlock, the elected representatives of the 17th Tibetan Parliament-in-Exile are set to meet on Sept. 27 to deliberate on ways to resolve the ongoing crisis that started from June 8. The impasse is a result of parliamentarians splitting up for two oath-taking ceremonies; 21 MPs took oath from the Pro-tem Speaker Dawa Tsering as mandated by the Charter, whereas 22 MPs took oath in front of His Holiness’ portrait and the Charter.

The ‘internal meeting’ was initially deemed to be a secret meeting, but was revealed into the public domain after the letter sent to each of the elected representatives was leaked earlier this week. The short letter written by the five elected representatives from abroad called all the parliamentarians for an in-person meeting to be held in the CTA compound in Dharamshala. Parliamentary Secretary Tsewang Ngodup said that they are currently under the process of contacting the respective elected officials over the matter.

The Australasia representative Tenzin Phuntsok Doring who declined to speak to Phayul told VoT earlier that the meeting would ideally have all the 45 elected MPs in Dharamshala by the 25th of this month to discuss the possibilities for a way forward. “We have been able to organize this meeting but the responsibility falls on all the members to resolve this crisis,” he said.

“It is high time for the members to come together for an informed resolution, as there has been a lot of confusion among the public. The US government had also recently sent a letter of concern, and even though the Indian government hasn’t made any official statement, it is clear that they are also keen to know. Sikyong’s statement [on Democracy Day] had also noted that Tibetans inside Tibet had been distressed about the matter,” he further remarked.

The 17th Tibetan parliament is yet to appoint the new Speaker, and approve the Kalons or the ministers of the respective departments under CTA. Phayul tried to contact several elected representatives from both the sides for comments, but all of them declined to respond. 

12 Responses

  1. All the controversy regarding self reinstatement and infringing article 63 clause 1 is so clear and no one can hide. There is no argument that the removed judges are not lawfully reinstated. However, the conspiracy rooted to 2017 when Kyagyu Dhondup and his team amended regulation of justice department where they included the word Krim kyi ngo bzhes (Sue motu) as a hidden agenda with the help of some Tibetan lawyers and one Charter review consultant/member (backbone scholar). This controversial special power granted (sue motu) themselves through the amendment and on May 27, 2021 former Syikong agreed to handover position to new Syikong indicates everything went according to established law. It is now the responsibility of the new Chithues to clear all controversial law after they managed to resolve their present issue or crisis. The Judges no need to resign in my opinion because present TSJC are not responsible for all those amendment. I don’t agree with their explanation about recue yet they have something strong legal points for not breaching the Charter.
    Therefore, the best solution for now is, the Chief Election Commissioner must accept the official Oath already taken in two different ways which complied the formal memo issued by the Secretary of parliament. As Syikong Penpa Tsering told RFA recently that he considered his oath was legal because the Secretary of Justice Department arranged it. If that is the case, the Chithue’s Oath taking ceremony was arranged by the Secretary of the parliament (equal rank) and it was purely legal. Lets stick to it and find solution.

  2. If there is no compromise/ solution then for the sake of our future, I think, the best way to resolve this problem would be, first, all justices should resign (again) and start with appointment of fresh justices (that seem to be the heart of disagreement). Once it is done these fresh justices will have legitimacy to swear-in all Chithue and Sikyong.

  3. This is good news that the elected 17th Tibetan parliament-in-Exile are set a meeting on September 27th and my suggestion or opinion from the point of view as a citizen of Tibet to resolve this crisis is that both side should step aside from their stand and compromise on middle ground which is benefit for all the Tibetan inside and outside of Tibet whole as a nation.

    The 22 Mps who took oath in front of HH the Dalai Lama & Charter should agree to take oath from the pro-tem speaker Dawa Tsering. After completion of Oath, The 21 Mps who took oath from pro-tem speaker Dawa Tsering should also agree on resigning of Supreme Justice with two other Justice and move forward to run the parliament and focus on our nation main objectives.

    With the hope for the best result.

    1. Why do you think that the members of the Tibetan supreme justice Commision should resign? What hat the tSJC done so wrong? Without reasonable proofs, you can’t remove some one from their posts. Why has the chairman of the last parliament resigned himself after he and his parliament members have removed the Chief justice and his two justice members and left the whole mess unsolved? Why didn’t they then appoint new Justice members with agreement of the president? I don’t know the whole story, but I know that one must talk together in harmony and solve the problems and see that the organisation is able function without deadlock.

      I am not for or against any one. I want that we should speak the truth which you can proof clearly. It is not enough for me to say some thing in one word or sentence without clarification substantiated with facts. Thank you!

  4. As our elected representatives meet unofficially to resolve the matter that concerns every individual Tibetan and Tibetan well-wishers all over the world and especially Tibetans in Tibet who have been our greatest source of inspiration, keeping rock strong against the tyranny of the ccp with their sacrifices that know no bounds, I sincerely appeal to you to give Tibet a priority and let the wisdom prevail as you deliberate.
    May the Three Jewel Bless us all,
    May the Tibetans unity and Tibetan brotherhood flourish,
    May the enemy of Tibet eat the dust,
    May all our misconceptions go away.
    May this meeting of Cheatues be a great success.
    May Tibet be free of China soon.
    Bhoemechikdril gyal gyur chi✌️✌️✌️

  5. Please check this Google definition too….just for the reference & for comparing information, as we call our Chatrim had mostly based from the Indian constitution rule & regulations of a democratic set up society.

    Can Parliament remove the judge of Supreme Court?

    A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President.

    Another latest definition from the father Google data bank, the code on code is answer is *A Judge of the Supreme Court must be removed from his office by order of the President. Such an order needs the approval of both the Houses of Parliament. It requires a special majority of members present and voting in the same session*.

    So far, we have no any detailed reports of impeachment of our SJC, why it was done by the 16th House,
    Two, no separate sub-committee was established for the thorough examination before impeaching 3 supreme judges,
    Three, so far, no any explanation to Public why all 3 Judges were removed,
    Four, no proper rule of Chatrim was followed,
    Five, not good amount of discussion was done in the House as it took abruptly only 1-2 hrs for the impeachment procedure
    Six, we the public really have no idea what is the real mistake committed by the SJC. Hence, the big question raises, was it the fair decision taken by earlier majority 16 House members? Think logically in keeping rules of Chatrim Rinpoche.

    Thank you.

  6. Finally, I hope some solution will come out & hope for the best. So far, we all have been doing lots of blah blah blah on this Parliament development row without finding its proper resolution. Here we have 2 Groups of so called elected representatives….fighting like the BJP & Congress Parties, one group members are headed by big boss Geshe Atuk Tsetan & Dorjee Tsetan and the other one is headed by Dawa Phunkyi & Dolma Tsering.

    Let’s hope that they will resolve this problem AS PER THE CHATRIM RULES which is the key unique pyramid structure of our Tibetan democracy. No more drama please because we the public, everybody is watching them closely including the international govts & medias all over the world.
    Bodh Gyalo!!!

  7. To preserve the sanctity of the Chatrim and to restore faith in our democracy, the three justices have to leave their illegally grabbed position. Any concession on that would send the wrong message that the Tibetan parliament (Chitue) does not hold any influence in Tibetan governance. The elected representatives can immediately appoint new justices nominated by Sikyong Penpa Tsering la. That is the only way forward. I am glad that the elected representatives are meeting up to resolve this issue.

    1. I would say, don‘t criticize or say things without knowing the reality which one can proof. How can you proof that the three judges have grabbed their office illegally? I think Mr Penpa Tsering took his oath before your „ illegal“ chief judge. At time was the out going president Dr. Lobsang Sangay was present to give his office to the new president. Why was there no voice at that time against that function?

      I think we have to be very fair among us and say the things which corresponds to the reality without partiality. We all want the best thing in our society. So, it will be good to be always fair with good intention.

  8. Best thing is to come together and talk frankly but in peace and hamony. We are all Tibetan sisters and brothers who want to work for our country and people in unity. That is the sole goal and motivation why one has stood for parliament. Parliamentarians have the duty to control or see that the administration functions properly in the right way, that this does not make mistakes and neglect the activities – of course unconciously and unknowingly and so on.

    Why couldn’t the standing committee members of the parliament go directly to the justice office to clear away the misunderstanding in face to face without animosity. Parliament members wanted that they be rspected and Justice members also wanted that they also be repected. They must put their own person in the place of others and say, yes we must respect each other because we all want the same thing, i. e. respect, harmony in peace und unity. Therefore no one has the right to disrespect any one. With this thought one must clear the things peacefully in a harmonious atmosphere. That is what His Holiness the Dalai lama is always saying.

    If the last parliament wanted to dispose the Chief Justice and other members, then they had to warn or make the notice to them at first. You can’t dispose some one without warning. We have no authoritarien power system. Every thing must be settled peacefully with due respect to each other.

    Politically and humanely our real opponent is communist Chinese. I want to see the same grim determination from these people against the communist Chinese without chicken out.

    Now if the paliament members can’t come together in September, it is the second time that they could assemble now. That means according to the constitution, they all lose their membership. At least if they can’t assemble in March 2022, they then are all out. Then we have to have a new election for our parliament or the next most voted ones from the last election will take their place.

    More over I want to draw your attention to the following two articles of the constitution.

    Article 54: Restriction on discussion in the Tibetan Parliament

    No discussion or debate shall take place in the Tibetan Parliament with respect to the removal or conduct of the Chief Justice Commissioner or any of the other two Justice Commissioners of the Tibetan Supreme Justice Commission except after a committee constituted by the Tibetan Parliament for the purpose had submitted its enquiry report thereon.

    Article 47: Oath taking by members of Tibetan Parliament

    The Standing Committee of the Tibetan Parliament shall appoint the elected member with the longest record of membership of parliament as the Interim Speaker. In case there are two or more members with equal length of longest parliamentary membership record, the oldest aged among them shall be appointed as the Interim Speaker. After the Interim Speaker had taken his oath of office before the Chief Justice of the Tibetan Supreme Justice Commission, each Member of Parliament shall, before assuming office, take his or her oath or affirmation of office before him in accordance with the format set out for the purpose by law. After the election of the Speaker and the Deputy Speaker, the oath shall be taken before the Speaker. In case the Speaker happens to be absent, the oath shall be taken before the Deputy speaker.

    We must adhere to the existing constitution without ifs and buts or when. With adherence to the existing constituion, we can change or add more points to the given situation and time.

    I hope for the best harmony and unity. Peace!

  9. Its a good news but Tibetan Charter must be respected at any cost. There should not be over riding or excuses of any kind in resolving the bad precedent set by few new Chithues. The Charter must not be diluted at any cost. If, that happens, it will be the victory to all and specially to the Tibetan cause.

    In the name of middle path, no one has the right to arm-twist our Charter and it must be followed in letter and spirit to resolve any problem in future also. Bod Gyalo!

  10. I wish we can recall all these elected representatives. How can they resolve Greater Tibetan issue when they can’t even resolve this selfmade petty issue. Zero trust.

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