Tenzin Sangmo
DHARAMSHALA, India, 17 October 2019
The Tibetan Supreme Justice Commission verdict in Case no 20 issued on Monday was much awaited as it could put to rest the endless speculation about key issues in the high-profile defamatory case.
When the court ruled in favour of the plaintiff, Penpa Tsering, on Monday, the defendant lawyer and the CTA acting-President Sonam Topgyal didn’t just express disappointment, but insinuated that it was an unfair verdict — a reaction that clearly doesn’t help advance the peace and public tranquility it claimed to prioritise.
Such responses only fuel the sense of the current Cabinet’s misuse of power.
At the press conference held after the verdict, the maligning continued with the defendant lawyer repeatedly emphasising the plaintiff’s act of taking the Kashag (Tibetan cabinet) to court and the impact on its honour.
The plaintiff acknowledged that the victory in the case is no cause for celebration as the other party happened to be the Kashag, which he said he was forced to take to court after being maligned and cornered.
He spoke of the need for measures to prevent such compulsion in the future, and for everyone to move on now.
The plaintiff had also clearly laid out from the beginning that he would accept whatever was the outcome of the case, despite having much to lose. This pronouncement can be seen as an act of respect for the court of the exile government, the judiciary.
The defendant’s reaction here contradicts its own statement in the last hearing that it wouldn’t demand any remedial measure from the plaintiff in case of their victory, for the sake of maintaining unity and public order.
The acting President went so far as to say that the verdict doesn’t reflect the work of karma abiding people behind it, referring to the categorical victory of the plaintiff on all ten issues framed in the case.
Such polemics don’t say anything about it as unfair and instead makes the defendant team appear arrogant about its convictions and lack of confidence in the exactitude of the publicly-fought case.
The defendant lawyer fumed about the retrospective dismissal of Dhardon Sharling as a prime witness in the verdict, but again could have and may still enumerate on how in order to inform the public rather than make sweeping statements.
Talking of the honour or dignity of the Kashag, shouldn’t the executive body, as one of the pillars of “democracy”, honour the judgment of the judiciary? Why can’t Kashag be taken to the court and proven wrong if it is indeed a democracy and democratically-elected leaders are exercising accountability?
It can be said that the case enhanced the principles of democracy in exile, by exercising equality before the law in practice.
The defendant on many occasions had smugly correlated the process of plaintiff’s termination from the Office of Tibet in Washington DC to his appointment, claiming the moral high ground by implying that it had His Holiness the Dalai Lama’s blessing in doing so since it is believed that His Holiness had a hand in appointment of the former Speaker Penpa Tsering to the DC office instead of Brussels as the Kashag initially planned.
However, it was established early on in the case that the Kashag’s prerogative to terminate the representative from the office is not being contested, and that the case and the court only dealt with whether the plaintiff’s image was irreparably damaged by written and verbal accusations following the termination.
The court in its 1,028-page-long judgment documented the minutes of the case. The defendant should spell out where and how the verdict was skewed, and as we know, there are platforms aplenty for such announcements.
The defendant lawyer, in post-verdict interaction with media, reiterated an earlier statement that the Sikyong Lobsang Sangay is too busy and has no time to bother about minor things like this.
Having accused the plaintiff throughout the hearing that the case has disrupted public peace, not having time for the case or to address its implication, especially after the verdict indicates indifference for public peace and as a defamatory case that questions the defendant’s integrity, also denotes disregard for integrity and accountability.
Can’t the defendant, the Lobsang Sangay-led 15th Kashag of CTA, for once admit its mistakes, now attested by the exile Tibetan court?
Even His Holiness hasn’t shied away from issuing an apology in recent times in the name of peace and tranquility, despite apparent elements of misinterpretation in the incident.
Is the current head of CTA, exercising secular power after the devolvement of the temporal role by His Holiness in 2011, claiming to be infallible?
It can only be hoped that the Tibetan public moves on and rise above regional and political affiliations in its reception of the verdict and not be swept into perpetual squabble.
About the author
Tenzin Sangmo is a journalist based in Dharamshala, India.
Along with Penpa Tsering la, Lobsang Sangay should apologize the Tibetan public, especially the people in North America for replacing the most eligible government servant with someone who is just a bench-warmer in DC. We the Tibetan people in North America has suffered a lot and missed someone who was so diligently taking care of the people here. Last but not the least, Lobsang Sangay should apologize to His Holiness for causing enormous suffering and pain and trashing all the trust He put on LS shoulder. If LS fail to comply with the decision of the TSJC, all his cabinet should either resign on moral ground or live with this stigma for the rest of their lives.
As long as PT and LS remains in Tibetan politics, this issue is going to linger on for long. No matter what PT says after winning the case to show himself as a good obedient boy, the manner in which Kashag was tricked to come out with ten nonsensical reasons is there for all to see. During the handing over of the charge to NT, PT’s followers cried foul and disrupted smooth handing over the charge. PT made no attempt to calm his supporters down. Everywhere LS went, he was surrounded by PT’s followers asking him the reasons for unceremonious exit of PT. LS and his Kashag fell into the trap and Chorig Kalon came out with ten nonsensical reasons which was exactly what PT wanted. So both sides are at fault and we hope to see someone with clean image to run CTA. Both PT and LS caused great damage to the unity of the Tibetans. I for one will not accept either of the two. Fresh face for Sikyong and fresh faces in the cabinet.
Fresh face? Easier said than done. Also you are playing a trick here by pretending to defend no one but in fact whitewashing the sordid yet poorly conceived game plan of LS and his incompetent cabinet to fire PT. To remind you, the so-called 10 points were issued after the dismissal of PT. The fact that these 10 points couldn’t be proved when challenged in the Tibetan court means that the decision to dismiss PT was autocratic and arbitrary in nature. Period. I don’t think PT needs to show that he’s “a good obedient boy”. From the beginning, he has said that he would respect the decision of TSJC and also had the decency to keep his victory in Case No. 20 low-profile in order not to fan the ire of regressive and barbaric supporters of LS. Stop making it sound as if LS is a naive little guy just out of the woods always being “trapped” and “tricked” by PT. He deserves no sympathy. What he did was not just and fair, and PT and his supporters have every right to make LS and his government accountable. This is democracy for god’s sake! Get used to the public expressing criticism and demanding accountability.
A very well written and though-provoking piece by Tenzin Sangmo-la. It will be recalled that Penpa Tsering-la took his case to the Tibetan Supreme Justice Commission only after Lobsang Sangay-la told during his 10th March 2018 speech as Sikyong to take his case to the court! We all now know the court’s verdict. As per the court’s order, Sikyong Lobsang Sangay-la and the Kashag should now not only pay his lawyer’s fees but also publish an apology to Penpa Tsering-la, former Representative of His Holiness the Dalai Lama, in all the CTA news outlets and publications – be they in both Tibetan and English. This action will show how much they respect and care about democracy that His Holiness the Dalai Lama has given to us Tibetans and also help bring about Tibetan unity and solidarity. But if Lobsang Sangay out of his ego refuses to comply then his cabinet colleagues, like in the past, should resign from the Kashag/Cabinet in order to preserve their own image. May be they already are having sleepless nights and fear facing the public, and all he will be remembered for is his ego and worthless arrogance.
I totally agree with Namgyal, now the ball is in Sikyong Lobsang la and his Kashag’s court. They really need to obey the verdict and nobody is above the law. If they did not obey the Verdict, then it is responsibility of Chitue to impeach LS and his Kashag.
Dear All,
This chapter is closed now, let it be closed for good. Opinions are valuable, given that it is productive. A constructive opinion! You maybe who you really claim to be, a think tank, who seems to know the world inside out, who is expert enough to general all of us Tibetan in one category. Keep your scholarly, well read, sophisticated views to yourselves and do not generalise the entire population as one pile of ruleless primitive hordes. Our system may have in the past failed at many places (which system doesn’t?). The current system is the byproduct of the rigorous beatings of socio-cultural waves over the period of time. History gave us many things to learn from, but we can’t change the history. This is one of many examples of black patches in our history, but it just doesn’t summarize how great this nation was once, how strong we are now and how our future would be. So, don’t cry and create this sense of emergency. By the grace of His Holiness and efforts of great many people in last 50 odd years, we’ve made ourselves noticeable. We are gaining voice. We are more united than ever before (if you know the history). So, move on. Save your expertise for more productive causes. Cheers!
To all those who have aired your opinions I respect your right to disagree with what I have written. In a democracy everyone is entitled to their own opinions without fear or favour. I note Tsamchoe La’s statement but the fact is while he admitted “Kashag’s right to terminate his portfolio” and stepped down, his supporters went on the attack even chasing the newly appointed Representative in his office in NY demanding answers to the dismissal. They hounded the defendant wherever he went across Tibetan communities. They went all the way to Dharamshala to demand re-instatement of the plaintiff. Owing to such drastic actions, Kashag was FORCED to issue the ten point statement. It was not a willy-nilly accusation as you seem to suggest. It was not an accusation at all. I agree with Gyalpot la, that in an ideal democratic set up, the victims of unfair dismissal have the recourse to take legal action. However, in our situation we are not a country which can enjoy such liberties owing to the limited resources and our political situation in a foreign country. You cannot expect the exile Govt to function like an independent country. Besides, much as we may vaunt it as democratic, let’s face it it’s a one party democracy. The freedom of speech has a long way to go and many writers and commentators who have fallen foul of the system have gone underground or have been ostracised. So, Tsering La and Dawa Tsering La et all, let’s not kid ourselves in believing that we live in a true democratic society. We don’t. Often we have to censor ourselves owing to the fear of ostracism from our faction ridden, tribalistic and parochial community. Finally, I agree that the Kashag abide by the court decision no matter how unpalatable it may be. Otherwise, we will be heading for goonda Raj.
Tibet Bhu la, if you agree with my point but say we cannot have an ideal democratic system, I ask you this:
1. Where in the world do you have an “Ideal Democratic System”?
2. If we are not trying to practice Democracy, why do we have a SJC? Why don’t we just go back to our feudal system with LS as King?
Gyalpot la, there is no complete democracy anywhere in the world like there is no “ perfectly healthy” person. Equally, there is no “absolutely fat man” but we can easily tell whether one man is fatter than another. The word democracy has been used even by the enemies of democracy. Hitler, Stalin and Mussolini have claimed their regimes thus:
“the greatest and soundest democracies which exist in the world today are Italy and Germany”. Stalin and Chinese communists did the same. This is because there is no existing consensus on how to define democracy. So, legal equality, political freedom, human rights and rule of law have been identified as important characteristics of democracy. Therefore, which ever country has the highest regard and follow them in letter and spirit to the fullest would be regarded as the best democratic system of governance. What we have is democracy in our own right but the SJC is just a token frame work. It lacks the instruments of enforcement after a verdict is issued. This is because we are not a sovereign country which has its own territory and law enforcement agencies. Whether the verdicts are respected or not entirely depends on the good will of the litigants. Besides, we have no infrastructure to jail those who committed crimes or pay compensation if some one is wrongly convicted. We are living in a rented house that is India. When we are the tenant, our choice to do anything is very limited because we have no ownership of the place we live in. That is why, to enjoy full democracy, sovereignty becomes an extremely important component because without it our freedoms will depend entirely on the mercy of the occupying power that is exercising sovereignty over us. We have lost our right to assert our rights and that is why we are suffering.
Tibet Bhu, I think you need to read the first few pages of the judgement. It has detailed sequence on events as and how they occurred.
After PT questions Sikyong on the issue of $ 1.5-million loan taken from the Tibet Fund in New York to purchase new building in Washington DC (Read Kaydor and LS in this issue). Here is the sequence of events:
1. Kashag decides to fire PT and send NT as replacement.
2. Kashag writes to PT about the same.
3. PT gives an interview to RFA saying he has to accept the decision but will take action if his lifelong services and image is maligned.
4. PT gives another interview to VOA saying the same thing. He accepts the authority of the Kashag to fire him.
5. Handover of Office Of Tibet is happening. Some people register their displeasure on the manner of whole process.
6. In the meantime in Dharamshala, under pressure from media, Kashag comes out with 10 allegations against PT.
7. Sikyong addresses and elaborates the 10 allegations in Canada in presence of other Kalons.
8. PT disproves all allegations in a press conference at Dhasa with evidences.
9. Sikyong in Norway sidelines PT’s press address and dares PT to take action if the allegations are untrue.
10. Sikyong in 10th March address dares PT to take the matter to court if the allegations are not true.
11. This is when PT’s supporter and others demonstrate demanding honesty review of the decision. They protested during the course of March session of Tibetan Parliament. So, your argument to say that these protests preceded Kashag’s 10 point allegations, is factually incorrect.
12. LS and Kashag don’t budge and instead of meeting and pacifying the Tibetans who were participating in the demonstration, declines requests for transparent meeting on cam.
13. PT approaches court!
It’s interesting you say Kashag relented “under pressure from media”, ignoring the relentless pressure Kashag was subjected to with supporters of the plaintiff crying foul every step of the way and tried to demonise the Kashag as a feckless bunch and exhorting the defendant to step down. Even if the time may not coincide with Kashag’s announcement, there is not a shred of doubt that the pressure to give solid reasons for the dismissal was unrelenting all along this period. It was solely this reason which forced Kashag’s hand. There is NO precedent for Kashag to issue reasons for dismissal of its civil servants since the time of the Fifth Dalai Lama!!! This is the first time ever this has happened. Interesting too that the plaintiff declared, “will take action if his life long service and image are maligned”. This goes to demonstrate your contention that the plaintiff took Kashag to court only because of the defendants pronouncements during his public discourse is a total fabrication. He had already made his mind to take action against Kashag before the interview with VOA and said so as he had planned. We are coming from a feudal past when Kashag was the most powerful political body in the land. No one dared even to raise their voice let alone voice discourteous threats. Now that we have lost our country, those who have money and muscle ride roughshod the hope of the six million people in order to further their overweening ambitions. This is a tragedy for the Tibetan people whose very existence is threatened and there must be rules put in place after this experience to prevent such ignominious incident happening again in future. The greatest casualty in this sorry saga is Dardon Sharling, a rising star that was shot down in the fog of political intrigue and vengeance.
Ha ha ha. It’s interesting that you had to bring in opportunist and liar Dhardon Sharling in here. Her fall was LS’s plan from the very start. And double ha ha on your argument of Kashag’s 10 allegations were brought about because of some ‘unrelenting pressure from PT’s supporters’! Plus pushing in lies here and there to strengthen your points don’t deserve counter arguments. Who asked anybody to step down?! Of course in future the rule should be that Kashag shouldn’t take their power for granted and be wary of making pronouncements based on lies and vengeance.
Poor people fight rich men’s war.
At the end, we all are the losers. Nobody [wins]. So, don’t waste your time fighting someone’s war.
The best thing is to accept and respect the judgement of the SJC by the Kashag, do the needful as directed by the SJC, and put the matter with a full stop without dragging it into another raft of controversy. It will save the face of Kashag and will show the humility of Kashag instead of expressing displeasure.
It’s bot about someone winning and other losing. It’s just about respecting the court verdict regardless of individual, organization or Kashag. We all wanted the matter to water down and move on.
There is a saying in Tibetan: if you muddy the water from the source, it will be muddy all the way”. When the Kashag terminated the responsible officials portfolio and replaced him, the responsible thing to do was to respect the decree and move on. This is how government officials of all shades works in democracies. The executive order cannot be disobeyed by those who have allegiance to the Kashag. How many officials Trump hired and fired? Did any of them complain that they were wrongly fired? Isn’t America a democracy? Unfortunately, the concerned official refused to accept the firing on the pretext that it was “unfair”. The followers of the official made a hue and cry at the dismissal and ultimately landed in court. This has created a very DANGEROUS precedent for smooth running of the Tibetan Government. Imagine, if every disgruntled official takes the Kashag to court, how will the Kashag function and how difficult will it be to fire those officials who are guilty of dereliction of duty? If we are talking of “saving” democracy, the rule of law has to be observed by everyone and all officials should live by example. In a democracy there is no such thing as “some are more equal than others”. When the individual themselves flout the rule and then expect others to follow the rule would be too much of an asking. What is good for the goose is good for the gander. Now, it appears that it will incapacitate the Kashag to perform its duty freely without fear of being sued by wayward officials who have an axe to grind. If we were an independent country, we can have the luxury of suing the Govt if there are reasonable grounds but we are a bunch of people who have lost our nation and have a very fragile entity to keep us together called Kashag. We can’t afford to…
Mistakes that led to the present scenario have been made by both the sides. Firstly PT and his supporters didn’t accept Kashag’s decree replacing PT with NT. They demanded explanation and reasons for the decree. Then Kashag fell into their trap and came out with non-sensical reasons that led to the present scenario. When Kashag appointed PT for OOT in NY overlooking many deserving candidates from CTA, it was OK for him. But when they decided to remove him, it was not ok. Though he goes on saying he doesn’t oppose his removal, he should have said it at the start. If he did that, it would not have come to this stage. His and his supporters’ behaviour at the start is there for everyone to see in different media platforms. Now he is playing the good boy. What Kashag did after falling to his trap is also unwarranted. What they are saying now against SJC is absolutely uncalled for. Hope to see a fresh face in the forthcoming Kashag without PT at the top. He played a dirty game here.
This is the most stupid reasoning I have read so far! PT actually accepted the LS’s decision even it wasn’t just. He had to take LS and his coterie to court only when he was maligned with 10 baseless and stupid accusations. Plus LS dared PT more than three times publicly to take the matter to court.
Court case was LS’s doing.
As I said earlier, Tibetans claim to understand Democracy but fail to interpret how it works. Tibet Bhu’s opinion is that PT should accept Kashag’s decree without question. Under a Democratic system a government can be sued for wrongful dismissal: Even a sitting US president can be impeached.
Going back to Bhu la’s argument of PT accepting without question Kashag’s decision, shouldn’t LS accept without question Tibetan Justice Commission ruling without question? Isn’t this department anointed the ultimate body overseeing the rule of law for all Tibetans? I have no affiliation with either PT or LS but would fully agree with the current ruling. This is how Democratic systems should work.
Alas, Tibetans are still living with our old tribal mentality even in 21st Century. Unless we get rid of “Phayul Chikpa” disease, don’t expect to see a free Tibet.
The missing part of my letter should read, we cannot afford to trash and discredit it. Thank you!
Tibet Bhu, it is not a Papa and Mama shop that you fire anyone you like. It is a institution/Government in exile that need to follow the process of firing. There IS Lack of Communication and it needs to improve that. Everyone who is above secretary or civil servant should keep the memo of communication. Now I think Kashag need to obey the decision and act on for the sake of Unity.
Bhu la, President Trump was smart enough not to give 10 reasons for the dismissals of his officials. Please do not compare a horse with a donkey. PT and his supporters never cried for the firing. They rose against the unfair reasoning of Kashag which was solely designed to put PT under the grave so that he can never rise up for the next Sikyong election. Kashag miserably failed. The wisest thing for LS and his Kashag can do is to resign on moral ground.
This matter will not end here. Tibetans have no respect for rule of Law, especially those who think they have control over the people. His Holiness’s honorable name has been dragged into it and die-hard will trump Tibetan Supreme Justice’s ruling using it. I think most Tibetans claim to knowledge of Democracy but little clue as to how it works.