Draft Constitution For a Federal China - Gives Referendum to Tibet


A group well known Chinese scholars from mainland China, Taiwan and Hong Kong drafted a "Constitution of the Federal Republic of China (Proposed Draft)" on January, 1994 in San Francisco. The Draft has been widely published in many Chinese news papers and magazines in Taiwan, Hong Kong and in the US. Recently, the government of Hong Kong translated the Proposed Draft into English.

According to this draft, the Federal China is a "free, democratic federal republic with the rate of law." It is composed of Autonomous States, Provinces, Cities and Special Regions, Taiwan, Tibet, Xinjiang, Inner Mongolia, Ningxia, Guangxi are Autonomous States and Hong Kong - and Macau would be Special Regions. Other Chinese provinces and cities would be formed as Autonomous Provinces and Cities.

Autonomous States can make their own Constitutions and the power of the Federal Government comes from the component elements of the Federal Republic and from the people. The Autonomous States also hove the right to sign non-military agreements with foreign countries and the right to make its own decisions about joining international organizations and setting up representative offices in foreign countries.

The status of Taiwan and Tibet are different from other Autonomous States, according to this Constitution. Their status have "Confederal characteristics". The most significant provision emitted to Tibet is not only Tibet wilt have a referendum to decide whether Tibetans should remain in the Federation or leave after 25 years of staying in the Federation. None of the other Autonomous States are entitled to review their relationship with the Federation. Some of the major concerns of the Tibetan people, the Chinese population transfer and the nuclear activity in Tibet, for instance, are also addressed in this constitution. The Constitution guarantees the freedom of movement of their citizens. But the movement of people from the Autonomous Provinces and Cities to Hong Kong, Taiwan and Tibet is restricted. These areas "may make their own entry and exit regulations as warranted by local circumstances," Article 1O says. Also, Article 39 designates Tibet as "a national nature conservation area, where the testing nuclear, chemical and biological weapons and the storage of nuclear wastes are prohibited".


Following are some of the provisions related to Tibet in the "Constitution of Federal China

Chapter One: General Principles

Article 5: All nationalities of the Federal Republic of China have the right to keep and develop their cultures, religions and languages.


Chapter Two: Citizens' Rights and Obligations

Article 6: The citizens of the Federal of China are equal before the law. They are not unequal be-cause of difference in sex, in origin, in language, in nationality, in religion, in wealth, in petty affiliation or in political persuasion.

Article 10: Citizens are free to choose their place of residence and to change them. Each autonomous State or Special Region may make its own entry and exit regulations as warranted by local circumstances.


Chapter Three: Federal Structure.

Article 28: The Federal Republic of China is made up of:

The Autonomous State of Inner Mongolia, the Autonomous State of Taiwan, the Autonomous State of Tibet, the Autonomous Slate of Xinjiang. the Autonomous State of Ningxia and the Autonomous State of Guangxi.

Article 29: Any power that is not constitutionally vested in We Federal Government is exercised by the individual Autonomous State, Autonomous Provinces, Autonomous Municipalities and Special Regions and the entire citizenry.

Article 30: Each Autonomous State makes its own constitution.

Article 32: The individual States, Provinces, Municipalities and Regions make and enforce laws in the following areas: The legal and judicial system; The education system; The selection of members to the Federal House; The regulation of agriculture, forestry, animal husbandry, mining, industry, commerce and services; Budget and Taxes; ...The public security and police system; Other areas that are constitutionally not under the jurisdiction of the Federal Government.

Article 33: Each Autonomous State has the right, in the name of an Autonomous State of China, to sign non-military agreements with foreign countries, and the tight to make its own decisions about joining international organizations and setting up representative offices in foreign countries,

Article 35: No military alliance may be funned, or military agreement signed, among the States, Provinces, Municipalities and Regions.

Article 36: Before any change is made to any State, province, Municipality or Region, the legislature of the particular State, Province, Municipality or Region must give its approval, and the Federal House must approve by a two third majority vote,

Article 39: The Autonomous State of Tibet is a national conservation area, where the testing of nuclear, chemical and biological weapons and the storage of nuclear wastes are prohibited.
The Autonomous State of Tibet is financially independent and not required to pay federal tax.
The Autonomous State of Tibet has the right to set up its state court of final appeal.
The position of the Autonomous State of Tibet will be reviewed 25 years after this Constitution is promulgated. The review will be in the form of a referendum by the citizens in the state and not subject to Article 36 of this Constitution.


Chapter Four: The Parliament

Article 42: The Federal House is composed of Members returned from the individual States, Provinces, Municipalities and Regions: four each from the Autonomous States, three each from the Autonomous Provinces and Municipalities and two each from the Special Regions.


Chapter Five: The Presidency

Article 51: Each presidential candidate is nominated by one fifth of the Members of the Federal House.

Chapter Seven: The Judicial System

Article 65: The individual States, Provinces, Municipalities and Regions make their own law on the organization of judicial authorities to exercise judicial powers in the respective States, Province, Municipalities and Regions.

Chapter Eight: Implementation of the Constitution and Constitutional Amendment

Article 75: An amendment affecting an Autonomous State or Special Region must be approved by the legislature of the same State or Region.

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Last updated: 23-Oct-96