Spanish High Court's Acceptance of Tibet as 'Occupied Country' Groundless
On April 3, the National High Court of Spain accepted Tibet as "an occupied country" since 1950. It was in response to the petition filed by Comite de Apoyo al Tibet (CAT) in September 10, 2010.
Yet it is a pity that the high court made a wrong ruling as it is so ignorant about the history of Tibet since 1950. It is also contemptuous of China's sovereignty and international law. And it has once again provoked the issue of "Tibet Independence".
After the People's Republic of China was founded in 1949, China's central government decided to "negotiate the peaceful liberation of Tibet" with the Tibetan local government. However, the local government rejected the call disregarding the interests of the country. The central government was left with no choice but to send the People's Liberation Army (PLA) to liberate Qamdo, a town in east Tibet. In May, 1951, the Agreement of the Central People's Government and the Local Government of Tibet on Measures for the Peaceful Liberation of Tibet (i.e., the 17-Article Agreement) was finally signed. It stipulated that the local government of Tibet should actively assist the PLA in entering Tibet and consolidate national defense.
The Dalai Lama wrote to China's then Chairman Mao Zedong in October 1951, "The Tibetan local government as well as ecclesiastic and secular people will actively assist the PLA troops entering Tibet in consolidating national defense."
According to the International Law, sovereignty is the exclusive right to exercise supreme political authority over a defined territory and the people within that territory. Therefore, the entry of the armed forces to Tibet is the internal affairs of China and should never be regarded as "occupation" since Tibet is always a part of China. Therefore, the so-called ruling "China occupied Tibet since 1950" is absolutely groundless.
As a matter of fact, the wrong ruling of the Spanish high court is a product of the issue of "Tibet Independence". This issue is deeply rooted in foreign imperialist invasion of China to carve up China, including Tibet after 1840. Now it is the tactics of some western forces in their attempt to disrupt China's economic development and rise in the international arena.
It is good to see that more and more people in the world community have known the historical facts of Tibet and understood the true attempt of the issue of "Tibet Independence". The Spanish High Court should first make it clear about the circumstance when an "occupation" occurs. In Article 1(2) in UN Charter, it clearly refers to the situation when "people are under foreign occupation." Since Tibet is always part of China, such accusation will never hold water. Therefore, whatever the purpose is, the lawsuit should be closed.
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