Tibet
was
independent at the time of
Communist China's invasion. The
country possessed all conditions
of statehood under international
law. There was a defined
territory, a population
inhabiting that territory, and a
functioning government
exercising authority over that
territory and possessing the
ability to enter into
international relations.
China contends that Tibet did not
maintain international relations
independently of China and that no
country recognized Tibet's
independence. This is not true.
Although Tibet chose not to develop
extensive international relations,
following an isolationist policy for
much of its history, it did maintain
bilateral relations with countries
in the region by whom it was,
indeed, recognized.
A study of Tibet's history reveals
that, contrary to Chinese Communist
claims, Tibet at no time became an
integral part of China. It is not
disputed that at different times
Tibet exercised influence on or came
under the influence of its
neighbors. It would be hard to find
any state in the world today that
has not been subjected to foreign
domination or influence for some
part of its history. Tibet, however,
was never colonized or annexed
through the use of force.
Thus today,
despite more than 40 years of
occupation, Tibet is an independent
country under illegal occupation. This
fact has been recognized by many,
including the US Congress and the
Parliament of Australia in 1992. The
Tibetan people are today one of the best
examples of a people with rights to
self-determination. Recent prestigious
international law conferences have
stressed the need for early realization
of the Tibetan people's right to
self-determination. The Dalai Lama has
called on China to agree to the holding
of an internationally supervised
plebiscite so Tibetans can express their
wishes in accordance with their rights,
through democratic means. This China
has, to date, rejected.
The Invasion and Illegal Annexation of
Tibet 1949-1951
The Chinese
government claims the so-called
"17-Point Agreement for the Peaceful
Liberation of Tibet," signed in 1951,
after the defeat of the small Tibetan
army, shows that Tibetans not only
agreed to, but actually invited Chinese
Communist troops to "liberate" Tibet.
Facts show the Tibetan government was
coerced into accepting the document
drafted by China and imposed upon the
Tibetan negotiators under threat of
all-out military conquest. Treaties
imposed by threat or the use of force
upon a country are not valid under
international law and cannot, therefore,
serve to legitimize an otherwise illegal
invasion of territory. China, in fact,
believes all unequal treaties and
agreements to be invalid. There can
hardly be a better example of an unequal
"agreement" than the 1951
Tibetan-Chinese "17-Point" treaty.
