President of Central Tibetan Administration Lobsang Sangay speaks in the Tibetan Parliament-in-exile, in Dharamshala, India, on 23 September 2017.
Tibet Sun/Contributor
By Lobsang Wangyal
McLEOD GANJ, India, 23 September 2017
Clarifying the issue of Tibetans in India taking Indian citizenship, President of the Central Tibetan Administration Lobsang Sangay said that the Kashag (Cabinet) has no objections.
“The Constitution of India already says that those who were born in India between 1950 and 1987 are citizens of India. How could Kashag deny that?”
He explained that a Tibetan taking Indian citizenship will not affect his or her status as a Tibetan national, as the exile Tibetan Charter has clearly said that any Tibetan in exile could take citizenship of another country.
“Any Tibetan, as long as they are holding the Green Book [tax payment to CTA], could take part in the Tibetan elections and could even become the Sikyong, President of the CTA,” Sangay said.
He was responding to questions asked by a few members of the Tibetan Parliament-in-exile in its current fourth session.
Problems and confusion
MP Dolma Tsering said that there are Tibetans who were facing problems in processing their Indian citizenship due to new rules enacted by the Government of India.
The Ministry of External Affairs (MEA) of the Government of India, following a Delhi High Court order, issued a memorandum on 17 March asking all the passport-issuing authorities (Regional Passport Offices, RPO) to issue passport to Tibetans who were born between the stipulated 1950 to 1987 (and their children).
However, many Tibetans still face difficulties in processing their passport due to lack of any clear rules about surrendering their Registration Certificate (RC) and the Identity Certificate (the Yellow Book issued in place of a passport).
The “No Objection Certificate”
Some Tibetans complain of facing problems while surrendering their RC, as the police office where they go to surrender the document ask for a “No Objection Certificate” (NOC) from their Tibetan settlement. This is being asked at the discretion of the local police station — there is no Indian law that requires this.
However, the settlement officers are refusing to issue this NOC. Despite Kashag’s stated position of having no objection to Tibetans taking Indian citizenship, on 5 July it ordered all the Tibetan settlement officers not to issue any supporting document or NOC for processing of passports.
Because of the restrictions, those Tibetans who would like to obtain passport are facing difficulties, leading them to file cases against various RPOs in Delhi High Court. More cases are likely to be filed until these issues are rectified.
The MEA rule to leave settlement
The MEA has issued new rules asking Tibetans to leave their settlement if they apply for a passport, and also not to take any benefits from the CTA.
Some lawyers feel that these rules are infringing the Constituion of India, in particular Article 21: Protection of Life and Personal Liberty, and Article 19(c): To form associations or unions.
Sangay said that the settlements were allotted to “Tibetan refugees” by the Government of India, and that once they become Indian citizens, they will have to leave as per the Government of India’s order.
He added that Article 6 of the exile Tibetan Charter says that the CTA must ensure that they follow the rule of the land. “When the Government of India has issued new rules, we have to follow that.”
Quoting questions by Indian supporters, Sangay said, “Why have you come to India? Did you come to take Indian citizenship?”
Regarding this issue of Tibetans being asked to leave the settlements if they apply for a passport, he said, “It is a personal matter, and a person has to decide whether they want to leave the settlement or not.”
Concern over publicity, not Tibetans’ difficulties
Sangay expressed disappointment over the amount of publicity made by some who got the passport. “The concerned officials expressed sadness over so much publicity, which was painting the Government of India in a bad light.”
“The Government of India has always looked after the welfare of Tibetans well. Such publicity was unwarranted. If there were small problems, those could have resolved without using so much publicity.”
Sangay also charged that the huge publicity has affected the Tibetans seeking asylum in Canada and Switzerland.
“The judges in those countries have argued that the Government of India is granting citizenship to Tibetans,” and therefore they do not need asylum.
He didn’t clarify the issue of whether those Tibetans who don’t have RC any more could get employment, scholarships, or health benefits from the CTA, since to seek such benefits, the CTA ask for RC.
Facilities for refuge should not be allow to enjoy for non-refugee or no longer refugee individuals. Else It’s unethical, illigal and cheating to the facility provider.
If Khasag is not against tibetans taking Indian citizen on basis that Exile charter makes allowance for it, then why same charter didn’t allow same to Tibetans in Sikkim and Bhutan. Does charter have different yardstick. I am not against this decision but prejudice we Tibetans in Bhutan had to suffer.
Reading between the lines, implicit policy conveyed in Sikyong’s vague statement on the issue of Tibetans acquiring Indian citizenship appears to favour/prefer Tibetans taking up citizenship of western countries over that of India when he charged that huge publicity about grant of Indian citizenship to Tibetans [in India] has affected the Tibetans seeking asylum in Canada and Switzerland.
When GOI is already looking after the welfare of the Tibetans as appreciated by him, why is Sikyong so worried about the Tibetans seeking asylum in Canada and Switzerland! Asylum is granted only when asylum seeker is facing hardship/harassment in the Country of his or her current residence.
Sikyong LS is not saying much. His points are vague. In his confusion, he kept contradicting himself. He said according to Charter says Tibetans can take two citizenships and says it’s a personal choice and Kashag cannot stop them. Then why is Kashag not issuing NOC to Tibetans who want to get a passport? The whole time he tried to discourage Tibetans in India from taking Indian citizenship.
I feel that it’s his duty to approach the Govt of India and explain that Tibetans taking Indian citizenship will not harm anything. He should try to help Tibetans. We all know that Tibetans will remain Tibetans and they will continue with the struggle, like Tibetans are doing in other countries. Why Kashag have some kind of fear with the Tibetans in India? This is very strange. Instead of trying to help, he is trying to block and support the Govt of India’s plan to stop Tibetans from taking citizenship.
LS himself is all set. He has a little more than three more years to go. After that he will go to America. He said he came for shapchi [service], but let’s see what happens after three years whether he will continue with his shapchi or return to greener grass to run after dollar.
Statement of the President of CTA on Tibetans taking Indian citizenship is still confusing and does not address the difficulties being faced by the Tibetans who want to obtain Indian citizenship without having to leave their families and community settled in government founded settlements.
On one hand, he says that Indian citizenship will not affect their status as Tibetan nationals and one could even become Sikyong as long as they are holding Green Books (Tax payment to CTA) and on the other hand he says that those who want to opt for Indian citizenship will have to leave the Tibetan settlements as ordered by the GOI (despite holding the Green Book which is the single most important criteria to run for Sikyongship). How is it that a person who is qualified (being a Green Book holder) to run for the presidentship of CTA, the highest political post a Tibetan can hold in CTA which not only authorises him/her to live within the community but also empowers him/her to command them, is at the same time liable to be ordered to leave his /her family/community simply because he/she has acquired Indian citizenship?
Is this penalty ! only applicable for Indian Tibetans or other categories of Tibetans such as American Tibetans or Canadian Tibetans etc? If so why? These ambiguities need to be clarified so that all those concerned are clear to exercise their options without a sense of any discrimination /injustice.
If only refugees are to be allowed to live in the settlements currently on lease by GOI, it is only fair that only RC HOLDERS should be entitled to run for Chithus, Kalons and Sikyong. Let only refugees (RC holders) have a self-governing entity of their own if that is the wish of the majority. Or alternatively, if Green Book holders are to have any locus standi in the community, CTA should take up a case with GOI to reconsider on the issue of the Tibetans having to leave the settlements on acquisition of Indian citizenship so that whatever be their nationality status, they can remain together in a homogeneous and cohesive manner as in the past. This seems to be the only answer to sustain our future. Otherwise a day will come when there will be neither any refugees nor any settlements left. What will be left will be the leased land which will revert back to GOI.
Segregation of the community into refugees and non-refugees has potentials to cause disunity in our small community far more severely than shugden controversy. Keeping in view our status vis-à-vis that of China in all respects, there is a high probability that we will take many more generations to have any meaningful resolution with them. We cannot achieve anything concrete as a marginalised stateless community. We have no option but be part of the host country to get ourselves empowered politically and economically so that we can rightfully seek support of the like minded people to keep the question alive as Tibetan independence concerns India as much as it concerns us.
Doklam spoke enough of India’s present and future predicaments if Tibetan issue is not resolved. Jews in diaspora were part of their host countries before returning to Israel. Had they chosen to remain stateless during their 2000 years in exile, they would have never become as strong a community as they were in their host countries and subsequently as a nation.
As a Tibetan, there is some natural feeling in me to keep myself updated with any new development in our community. Lately, we have found the issue of Tibetans applying for Indian passport being hotly debated and discussed for various reasons. Many of us are genuinely concerned over this matter since it could have both good and not so good impact on our freedom struggle which is very natural for any responsible person to feel and understand. But I am very sad to note that a section of educated people are deliberately creating confusions in society in the name of freedom and personal right.
People and govt.of India have always been extremely generous and sympathetic to Tibetans and it is our duty to ensure that this right is not being misused and become cause of embarrassment either to our fellow countrymen or to the friendly host nation. They should be careful when exercising their rights in democratic and peaceful India, and not give any chance to the trouble maker for harming our mutual interest.
I also noticed that many minor issues in exile community is blown out of proportion by people who wishes to remain in limelight for reason best known to them. Let our friends, well wishers and members of CTA do their job with full sincerity. It is important for all of us to be a part of solution and not the problem.
I grew up in community where Tibetan language is not spoken, but I can speak my mother tongue in native accent. It pains me when some Tibetans criticize His Holiness the Dalai lama on flimsy ground without realizing the good work he has been doing since he took the leadership of Tibetan people.
Government of India and CTA have asked Tibetans to leave Tibetan Settlement and stop taking CTA benefits who are seeking Indian passport, despite possession of Green-book (Chatral book). But there are many Indian citizens of Sherpas, Tamang, Lepchas etc. who are in Sikkim, Darjeeling and Kalimpong taking advantage of CTA benefits of schools, yellow ID, 22 force etc. Even those who have citizens of Western countries taking CTA benefits in Dharamshala and in Settlements. It seems President Lobsang Sangay flip flopped his statement in Minnesota on January 8, 2011.
If you are seeking independence for Tibet, developing personal independence might be a good start?