Tibetan Parliament-in-exile in Dharamshala, India, on 15 November 2019. File photo/Tibet Sun/Lobsang Wangyal
By Lobsang Wangyal
McLEOD GANJ, India, 22 May 2021
The Tibetan Parliament-in-exile will consult the Tibetan spiritual leader, the Dalai Lama, about the ongoing constitutional crisis, after they were unable to convene an extra session to resolve the issue.
The 10-member Standing Committee of the Parliament decided to bring the matter to the Dalai Lama, invoking Article 1 of the exile Tibetan Charter, after the proposed session on the 24th of this month had to be cancelled due to lack of a quorum.
Two thirds of the total strength of 45 was required to fulfil the quorum. It has been learned that out of 45 members, 22 have expressed inability to attend. Among them many were demanding the withdrawal of the 25 March decision of the Parliament expelling the Chief Justice and other two justices of the Tibetan Supreme Justice Commission. Some were unable to travel due to the pandemic restrictions.
The absence of the Chief Justice has created a major crisis, as the new Sikyong-elect would have to be administered the oath of office by the Chief Justice. As well, the pro tem Speaker needs to take oath from the Chief Justice to be able to administer the oaths of office to all the new members of the 17th Parliament.
A new Speaker and Deputy Speaker elected among the parliamentarians will then need to take oath from the Chief Justice.
Had there been a session, the Parliament planned to bring a resolution to make the oath-taking for the new Sikyong and the pro tem speakers and the Speakers and the Deputy Speaker be done before the portrait of the Dalai Lama. It is a traditionally accepted way in fulfilling various events, including punishments by offering khata (ceremonial white scarf) or prostrations before the Dalai Lama’s photo.
However, a session on the 24th would have been in violation of the Articles 6 and 41 of the Charter, in which the former forbids taking any decision infringing the law of the land, as there’s a Corona Curfew to fight the pandemic; and the latter pertains to holding session only after requests by 50% of the members of the Cabinet and the Parliament, and a decision then taken by the Speaker and the Deputy Speaker. The session had no such request and there’s no Speaker, as the post has been lying vacant since Pema Jungney’s resignation on 8 April.
The option to elect a new Chief Justice and the other two justices has gone off the table after the committee nominating candidates didn’t find the minimum requirement of six candidates to propose in the Parliament for voting. This was confirmed by one of the committee members, former minister Tsering Phuntsok, through the CTA’s official mouthpiece Tibet TV.
Tibet Sun has learned that Deputy Speaker Acharya Yeshi Phuntsok has consulted Samdhong Rinpoche, predecessor of incumbent Sikyong Lobsang Sangay, twice. Rinpoche has reportedly said that the crisis has been created by the Parliament and that they must resolve the matter by themselves.
It could therefore be speculated that the Dalai Lama may have a similar response, asking the Parliament to find the solution by themselves.
Incumbent Sikyong Lobsang Sangay’s term is coming to an end in a few days on the 26th. He has declared that the oath-taking of the new Sikyong will be on the 26th. It’s now unclear whether or how this would happen in the absence of the Chief Justice.
Meanwhile, there are calls from the public for the Parliament to withdraw the unlawful termination of the justices and reinstate the three. Sources say that the former four of the predecessors of Lobsang Sangay, when the post was known as Kalon Tripa, and 17 former ministers wrote a letter to the Standing Committee to withdraw the unlawful decision of 25 March, and reinstate the justices.
In an online event on Zoom, a group of volunteers organised a ‘Global Virtual Campaign: Reinstate the Justices’ with speakers including former justice Nawang Rabgyal, law scholar Rinzin Wangmo from Australia, former member of Parliament Mogru Tenpa from New York, and Prof Ngawang Phuntsok from California, who gave details of the violation of the Charter, and calling for the reinstatement of the justices.
More than 150 people participated in the Zoom event to show their support and solidarity with the justices, and more than 700 people watched the event live on Facebook.
We have long known that choelug Chithues, many of who were elected by less than 500 votes are holding huge VETO by getting a lion share of seats in the standing committee are the real snakes poisoning the whole body of Chithues.
So, there in, we have to find a solution by undermining their undue advantage or power they hold over setting the agendas.
One solution we should demand is that: as it stands now, there is one standing member from every choelug. That is, when for two seats of choelug Chithues, they are allotted one standing committee seats, then for every ten cholka Chithues, we must equal share of standing committee seats, that is five member each from every cholka Chithues. This will, for a while, nip the poison of these choelug Chithues, who like Tenpa Yarphel got elected by less than 500 votes.
Lobsang Wangyal la, could you please avoid not adding his holiness? You may not mean anything, but to the readers it suggest some disrespect. As a Tibetan, it doesn’t sound good to take his name without the holy prefix.
Look at the audacity of the Chithue Standing Committee (not all but the right wing LS supporters who are the majority in the Gyunley) deciding to bring the issue to HH the Dalai Lama. They created the mess, and without accepting their mistake and withdrawing the unconstitutional decision, they are going to drag His Holiness in their mess. They have no shame and no morality.
What’s the logic to approach His Holiness? Are they expecting appreciation from him for destroying our democracy? It feels like they are trying to put him in a difficult situation. What could His Holiness do to a problem they created? He surely will say find solution to the problem you created. They just have to withdraw the bad decision and reinstate the judges. Problem solved. So illogical to ask his intervention.
The hardcore LS supporters in the Standing Committee have no respect for His Holiness, their approach is provincial politics. LS could have saved the shit from hitting the fan, but he didn’t utter a word when the mess was unfolding before his own eyes. He is a part of the whole drama, as it was obvious from what he said that new judges will come soon. But his plot failed after they didn’t get the required candidates.
LS likes taking credits. So please take the credit of this constitutional crises and destroying our democracy. The main hand was clearly LS, Pema Jungney, Acharya Yeshi and the right wingers in the Standing Committee.
After nearly a month of stalling and remaining dumb and irresponsive on the constitutional breakdown which the Standing Committee headed by Speaker Pema Jungney and Deputy Speaker Acharya Yeshi Phuntsok have created, it is not surprising that they are now trying to cover the dirt by requesting His Holiness to intervene so that they can slip through without any repercussion.
It is simply pathetic to watch a group of our elected representatives including some monks who are now trying to extricate themselves from a situation which, in my opinion, should not have taken place in the first place had they cared to flip through the pages of the Charter before taking any action such as the one we have all witnessed.
Prof Samdhong Rinpoche very aptly responded to Acharya Yeshi Phontsok’s request and I hope very much that His Holiness’ response will be likewise. The MESS the Chithues have created must and should be cleaned by themselves and nobody else. FULL STOP.
Chitue Standng Committee along with silent Kashag and a group of hard core Chithues created all this mess in our community and destroyed one of the pillars of our democracy. The whole world now knows that they violated the clauses of the Tibetan Charter. But they still don’t accept their mistake and now they want to give this mess to His Holiness the Dalai Lama. Such a shame. Silent Kashag, is this the way to Thank His Holiness for the ‘Gratitude Year’, that you always claim in your so called private company channel Tibet TV? How are you going to inform His Holiness that you all together destroyed one of the pillars. You still don’t accept your MISTAKE. This is unbelievable act from our so called elected leaders. We appeal our 3 judges to resume office ASAP.
When things get out of their control due to their irresponsible way of dealing with a particular situation, the Tibetan leaders have a habit of dumping the mess on the lap of His Holiness.
The Tibetan constitutional crisis created by Sikyong along with the Standing Committee of 16th Chithue Lenkhang and a section of Chithues is a case example. Now the matter is to be referred to His Holiness for resolution.
Looking back to Chushi Gangdruk crisis in early 1970’s – the crisis developed due to reckless factional fight within the organisation when things got tough as a result of the American policy change towards Communist China. The resultant mess was dumped on Tibetan Govt-in-exile under HH the Dalai Lama to clear up.
Then around mid 1970’s it is understood that the Indian intelligence (RAW) planned operation in Bhutan failed, Gyalo Dhondup was made the scapegoat. I don’t know if he was involved in some ways or not. But we all know the result. The Royal Govt of Bhutan made the Tibetan refugees in Bhutan to pay a heavy penalty for a crime they never committed. The job of tackling that mess was thrown onto the leadership of His Holiness. Majority of Tibetans chose to endure the heavy penalty than to succumb to more attractive alternative dangled before them. The behaviour of ordinary Tibetans is exemplary!!
The feud between two very high Rinpoche of Kagyupa over issue of recognition of the 17th Karmapa is an example of dumping all sorts of problems on His Holiness rather than consulting Him before things are messed up!
Please don’t forget to add His Holiness before the Dalai Lama when you, as a Tibetan reports.
Exactly ! It is a disgusting trend first set by jamyang norbu and lot are following him to only mention Dalai lama. When ppl from foreign countries take time and respect to add His Holiness.