44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

SUPPORTING THE CONCLUSION OF THE UNITED STATES CONGRESS THAT TIBET IS AN OCCUPIED COUNTRY UNDER THE PRINCIPLES OF INTERNATIONAL LAW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

WHEREAS, the People's Republic of China invaded the independent country of Tibet in 1949-1950, has committed "acts of genocide" in Tibet and is currently committing systematic human rights violations in that country, including death in detention, torture, disappearances, arbitrary arrest, detention without public trial, denial of free speech and free press, population transfer, coerced sterilizations and abortions, suppression of Tibetan Buddhism, destruction of Tibetan culture and widespread racism and discrimination against Tibetans; and

WHEREAS, the United States congress has stated that "Tibet, including those areas incorporated into the Chinese provinces of Sichuan, Yunnan, Gansu and Qinghai, is an occupied country under the established principles of international law whose true representatives are the Dalai Lama and the Tibetan government in exile as recognized by the Tibetan people"; and

WHEREAS, the united nations general assembly passed Resolutions 1353 (XIV), 1723 (XVI) and 2079 (XX), calling for the cessation of practices that deprive the Tibetan people of their fundamental human rights and freedoms, including their right to self-determination; and

WHEREAS, in December 1997, the international commission of jurists reported that "repression in Tibet has increased steadily since the 1994 third international forum on work in Tibet" and concluded that "Tibetans are a 'people under alien subjugation', entitled under international law to the right of self-determination"; and

WHEREAS, China seeks to absorb Tibet into China and is conducting economic development in Tibet contrary to the wishes of the Tibetan people, and the Tibetan government-in-exile advocates economic development in Tibet, but has stated that development should be small-scale, decentralized initiatives in which Tibetans have control and that any development that intensifies and promotes the transfer of Chinese people into Tibet or that leads to the destruction of Tibet's fragile environment should be opposed; and

WHEREAS, his holiness the Dalai Lama, recipient of the 1989 Nobel peace prize, has repeatedly tried to conduct negotiations with China concerning the status of Tibet without preconditions, but China has refused to agree to these negotiations, and the Tibetan freedom movement is based on Buddhist nonviolent principles, even in the face of brutal Chinese repression and the Tibetan people have called upon the world community to actively support their struggle for human rights, economic justice and self-determination;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that it support the conclusion of the United States congress that Tibet, including those areas incorporated into the Chinese provinces of Sichuan, Yunnan, Gansu and Qinghai, is an occupied country under the established principles of international law whose true representatives are the Dalai Lama and the Tibetan government-in-exile as recognized by the Tibetan people; and

BE IT FURTHER RESOLVED that it support the recommendations of the international commission of jurists to the People's Republic of China that the Chinese government:

A. enter into discussions with the Dalai Lama and the Tibetan government-in-exile on a solution to the question of Tibet based on the will of the Tibetan people;

B. ensure respect for the fundamental human rights of the Tibetan people;

C. end those practices that threaten to erode the distinct cultural, religious and national identity of the Tibetan people, and in particular, cease policies that result in the movement of Chinese people to Tibetan territory;

D. cooperate with the united nations for the protection of human rights; and

E. allow unrestricted access to Tibet by independent human rights monitors; and

BE IT FURTHER RESOLVED that the right of the Tibetan people to control economic development in Tibet be supported, and individuals and companies doing business in Tibet should follow the development guidelines of the Tibetan government-in-exile; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the Dalai Lama.