Chief Election Commissioner Wangdu Tsering Pesur speaks during a press interview on the 2021 Sikyong and 17th Parliamentary elections, in Dharamshala, India, on 28 September 2020. File photo/Tibet Sun/Lobsang Wangyal
By Lobsang Wangyal
MCLEOD GANJ, India, 29 September 2020
The Tibetan Election Commission ordered all the Regional Election Commissions to follow the Tibetan Supreme Justice Commission (TSJC) order revoking voting rights for 11 members of the Tibetan Parliament-in-exile, including the Speaker and the Deputy Speaker.
In a notice to all the regional chapters of the Election Commission, and including copies of the 13-page Supreme Justice order, the EC has asked all the regional chapters to follow the order.
The TSJC, taking cognizance of the Tibetan Parliament’s decision to postpone the 10th session till March next year, found that the decision was in violation of Article 40 of the exile Tibetan Charter which requires the Parliament to be in session every six months.
Citing the Coronavirus pandemic affecting the whole world, the Standing Committee of the Tibetan Parliament on 13 August announced the postponement of the 10 session till March, effectively cancelling the 10th session, as the 11th session will be held then.
The Parliament had rejected the TSJC’s order, saying the TSJC stepped out of its power by issuing such an order. Citing Article 58 of the Charter, Parliament stated that it doesn’t fall under the scrutiny of the TSJC.
The 11 MPs affected by the order are:
- Pema Jungney – Speaker
- Acharya Yeshi Phuntsok – Deputy Speaker
- Khenpo Sonam Tenphel – Nyingma representative
- Tenpa Yarphel – Kagyu representative
- Katrak Ngodup – Sakya representative
- Gowo Lobsang Phendey – Geluk representative
- Monlam Tharchin – Bon representative
- Serta Tsultrim – Dotoe representative
- Ngawang Tharpa – Dotoe representative
- Lobsang Choejor – Domey representative
- Dhondup Tashi – Domey representative
The voting rights of the 11 MPs have been revoked until 11 March, which makes them unable to participate in the preliminary round of voting on 3 January to nominate candidates for the final round. However, they will be able to vote in the final round on 11 April.
Tibet Sun has learned that Speaker Pema Jungney was in favour of accepting the court’s order, but was overruled after six members of the 11 came forward to reject the order.
The six who rejected the order were said to be members from Kham region, and religious representatives also have Kham background.
The EC had no choice. Had they chose to undertake otherwise, they would have faced the contempt of court charges.
It was foolish and erroneous on the part of the 11 MPs to have rejected the court order. Instead they should have appealed for review of the order under the due course of law by appointing a lawyer. It was an opportunity for them to display maturity and respect for the rule of law.
TPiE’s mandate is to frame the law (legislate), Kashag’s mandate and role is to execute the law and it is the Supreme Justice Commission to act as the guardian of the charter and is one and only wing of CTA which has the mandate/authority to interpret the law.
Personally, I would have wished the Court pulls these 11 again for contempt of court order and takes away their right to stand in the election as well. It would have cleansed the august house for at least of one term.
The TSJC, taking cognizance of the Tibetan Parliament’s decision to postpone the 10th session till March next year, found that the decision was in violation of Article 40 of the exile Tibetan Charter which requires the Parliament to be in session every six months.
Any Charter that cannot prove its usefulness in handling unexpected and unforeseen circumstances cannot be termed “holy” or wise.
But the fact that Tibetans can appeal to the Supreme Law Commission rather than the whims of a mandarin party shows that Tibetans in exile are more democratic than the CCP or Xi Xi La La regime.
Salutations to EC commissioner for make the right decision. This is no small contribution on EC commissioner part to strengthening of Tibetan democracy. Only fortunate one gets such opportunities in life to prove one’s mettle and make a choice to either become political giant or become a pigmy and enter into ignominy.
SJC and EC are making the right decision. Speaker Pema Jungney La and Deputy Speaker Yeshi Phuntsok la and former Deputy Speaker Khenpo Sonam Tenphel la are failing their historic responsibility. There is still time. Choose the right path and do the right thing in the interest of Tibetan nation.
People who waved Red Chinese Flag in India and now leading the destruction and dismantling of our holy charter are on notice that their mala fide intention are clearly showing the hands of their pay masters. Be forewarned that Tibetan people are no longer that gullible, even if they are singing the praises of middle way policy. Middle Way policy is not destroying Tibetan Supreme Justice Commission or Tibetan democracy.
Their voting rights have been revoked. But what about their right to run for office (Chithu or Sikyong)?