-By Harsh Pandey

May 23, will mark the 73rd anniversary of the 17-Point Agreement signed between Tibet and China. China claims that the 17-Point Agreement is the legal document that enables its sovereignty over Tibet. The 17th Point Agreement was signed on May 23, 1951. The Communists won the Chinese Civil War, and after capturing the mainland, the People’s Liberation Army (PLA) soldiers were ordered to control the peripheral areas of China, which had some suzerainty but no outright sovereignty. Tibet has been one of these areas. Geographically, Tibet is one of the largest nations in terms of area. It has three significant areas: U-Tsang, Amdo and Kham. Politically, Mongols, British, and Chinese all had suzerainty over Tibet at one point of time in history, but they all left. 1912, after the Chinese emperor was abdicated, Tibet became an independent country. It all changed when, in October 1950, China attacked Tibet and defeated the minimally equipped Tibetan Army. To legitimise its aggression, China tried to negotiate with Tibet, and the result was the 17-Point Agreement. Under the leadership of Ngapoi Ngwang Jigme, the Tibetan authorities went with the Dalai Lama’s blessings to negotiate. It is worth noting here that the Dalai Lama did not authorise the Tibetan delegation to sign any documents, and the same is evident from the fact that the seal and stamp used for the 17 Point Agreement have been made specifically for this purpose only. The Tibetan administration reiterated again and again that the Agreement was signed under duress. Gyalo Thondup, brother of the 14th Dalai Lama and his close political advisor, writes in his autobiography The Noodle Maker of Kalimpong, “In 1950 the Chinese Communists attacked Chamdo, the capital of Kham in eastern Tibet and we were forced to sign there Seventeen Point Agreement. Months later the Chinese PLA marched into Lhasa. Tibet was declared part of the Chinese ‘motherland’.”

What is There in the 17-Point Agreement?

17 Point Agreement starts with “The Tibetan people shall unite and drive out invading imperialist forces from Tibet”. At that time, there was no threat to Tibet other than from China. The Dalai Lama reluctantly accepted the Agreement because there was no mention of surrendering Tibet’s sovereignty. From point four to point seven in the Agreement, there were specific mentions of powers and functions of the Tibetan government, namely, “The central authorities will not alter the existing political system in Tibet. The central authorities will also not alter the established status, functions and powers of the Dalai Lama. Officials of various ranks shall continue to hold office.

The established status, functions and powers of the Panchen Ngoerhtehni shall be maintained.

The established status, functions and powers of the Dalai Lama and of the Panchen Ngoerhtehni mean the status, functions, and powers of the 13th Dalai Lama and the 9th Panchen Ngoerhtehni when relations between them are friendly and amicable.

The policy of freedom of religious belief as laid down in the common program shall be carried out. The religious beliefs, customs and practices of the Tibetan people shall be respected, and lama monasteries shall be protected. The central authorities will not influence or change the income of the monasteries”.

Nothing in this regard happened on the part of China, and it only increased its grip on Tibet and its way of life. Increasing attempts at Sinification started to happen, which compelled the Dalai Lama to repudiate the Agreement legally. In response, China attacked the historical Potala Palace, which is the historical home of the Dalai Lama. 1959 marked the historical Tibetan uprising, which China crushed, and the Dalai Lama had to take refuge in India.

What Do Jurists Say on this Agreement

According to Professor Eckart Klein, an expert on international law, the agreement was signed under duress and, therefore, invalid. He explains, “The consent of the Tibetan people, which might have retroactively justified an annexation, was also never given. The so-called Seventeen-Point Agreement of 1951 also in no way constitutes such consent since, as a contract signed under duress, it is legally invalid.”

The Impact of the Agreement

As mentioned above, through this agreement, China has multiple times tried to legitimise the occupation of Tibet. It maintains that there is a “Tibetan Autonomous Region”, but gradually, all signs of Tibetan life and culture have been eroded. The agreement mentions that the Dalai Lama and local government will be responsible for Tibet. In reality, all work done in the Tibetan Autonomous Region is done on the orders of Beijing. China, in a yearly exercise, boasts about the benefits of the Agreement, claiming that it has changed the lives of millions of Tibetans for the better. However, it is simply not true. Tibetans living in China-controlled areas have to face daily issues, which include not being included in the decision-making process for the development of infrastructure projects, causing the exodus of the local population. Any protest against China is quelled with disproportionate police actions. There have been many reports where China has tried to frighten Tibetan dissidents living abroad.

Due to its economic might, China has constantly pursued other countries to support its “One China Policy”. Many countries have supported it, too. The 17 Point Agreement anniversary serves as a stark reminder of the situation of Tibetan people living in Tibet and Tibetans living in exile. In the times of China’s increasing grip over Hong Kong and Taiwan, where Chinese attempts have increased to control the region, the 17-Point Agreement’s memory must haunt the leaders and people of these regions.

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