The Seventeen Point Agreement - Legal or Under Duress?

In 1950, troops of the Chinese People's Liberation Army (PLA or CPLA) invaded large areas of Tibet's border areas, resulting in the flight of the 14th Dalai Lama to the border with the now Indian state of Sikkim.   A request put out for help to the United Nations was refused, with the United Nations doing no more that stating that it hoped Tibet and China could come to a peaceful agreement (Heinrich Harrer - 'Seven Years in Tibet').

The Chinese halted their advance and reassured the Dalai Lama that he was in no danger.   They subsequently invited representatives of the Tibetan Government to Beijing to negotiate a peaceful settlement.   The Dalai Lama returned to Lhasa, with Chinese troops arriving in 1951.   The same year, the infamous 'Seventeen Point Agreement' was signed in Beijing.

The Chinese tout this even now as a 'Peaceful Liberation'.   However, the Tibetans did resist this invasion initially, but quickly came to the conclusion that resistance in the face of overwhelming odds was pointless - the CPLA had a vast quantity of personnel and military hardware, acquired during the Second World War and used in 1949 to topple the Chinese Nationalist Government (the 'Kuomintang').      The 'Seventeen Point Agreement' was thus accepted, but only under what can be considered duress, due to the Chinese invasion.

The text is presented below, but essentially allows control over internal affairs, while China took control of defence and foreign policy - in this it is not too dissimilar to the aims of the Conference of Simla, which the Chinese rejected.   No limit was set on the number of troops to be stationed into Tibet, with the Tibetan Army (what there was of it) to be absorbed into the CPLA.

In 1960, an International Commission of Jurists' report held that by signing the 'Seventeen-Point Agreement' Tibet had "surrendered her independence".   This implies that the signing of the document makes the loss of independence legal, despite the occupation by Chinese troops.   However, the terms were later "violated by the Chinese People's Republic."   They concluded that the Government of Tibet "was entitled to repudiate the Agreement.", implying the document was at that stage no longer valid.

In law in any western country, any document signed under duress cannot be regarded as legal if the party under duress can prove this was the case.   The actions of the Chinese cannot be interpreted as anything else but forcing the hand of the Tibetans, thus how the document can be seen as legally binding by the International Commission of Jurists is at best puzzling.

They do find in favour of the Tibetan Government due to the later violations by the Chinese, which included the forced labour of Tibetan and the use of their equipment and animals to begin various construction and infrastructure projects (Heinrich Harrer - 'Return to Tibet').   These included the building of the road network (the Tibet-Sichuan road was constructed as early as 1954) within Tibet and the forced 'voluntary' construction of Gonggar Airport, which were allegedly to aid economic development.   The movement of 250,000 troops onto the Tibetan plateau during the 1950's was at such a level to be excessive and and is considered by Heinrich Harrer in 'Return to Tibet', to only serve the will of the occupying power.

It also appears that the Chinese increasingly interfered in the internal decision making processes within Tibet, from Government level right down to monastery administration.

Text of the 'Seventeen Point Agreement' - 23rd May 1951

Agreement on Measures for the Peaceful Liberation of Tibet. Signed and sealed in Beijing on 23 May 1951. The preamble to the agreement stressed that Tibet had a "long history within the boundaries of China," outlined the aggressive imperialist forces in Tibet that needed to be "successfully eliminated" and claimed that both parties (Tibetans and Chinese People's Government - CPG) had, as a result of talks, agreed to "establish the agreement and ensure that it be carried into effect."

1. The Tibetan people shall unite and drive out imperialist aggressive forces from Tibet; the Tibetan people shall return to the big family of the Motherland ­ the People's Republic of China (PRC).

2. The local government of Tibet shall actively assist the PLA to enter Tibet and consolidate the national defences.

3. In accordance with the policy towards nationalities laid down in the Common Programme of the Chinese People's Political Consultative Committee, the Tibetan people have the right of exercising national regional autonomy under the unified leadership of the CPG.

4. The central authorities will not alter the existing political system in Tibet. The central authorities also will not alter the established status, functions and powers of the Dalai Lama. Officials of various ranks shall hold office as usual.

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

6. By the established status, functions and powers of the Dalai Lama and of the Panchen Ngoerhtehni are meant the status, functions and powers of the thirteenth Dalai Lama and the ninth Panchen Ngoerhtehni when they had friendly and amicable relations with each other.

7. The policy of freedom of religious belief laid down in the common programme of the CPPCC shall be carried out. The religious beliefs, customs and habits of the Tibetan people shall be respected and lama monasteries shall be protected. The central authorities will not effect a change in the income of the monasteries.

8. Tibetan troops shall be reorganised step by step into the PLA and become a part of the defence force of the PRC.

9. The spoken and written language and school education of the Tibetan nationality shall be developed step by step in accordance with the actual conditions in Tibet.

10. Tibetan agriculture, livestock raising, industry and commerce shall be developed step by step and the people's livelihood shall be improved step by step in accordance with the actual conditions in Tibet.

11. In matters relating to various reforms in Tibet, there will be no compulsion on the part of the central authorities. The local government of Tibet shall carry out reforms of its own accord, and, when the people raise demands for reform, they shall be settled by means of consultation with the leading personnel of Tibet.

12. In so far as former pro-imperialists and pro-Kuomintang [Guomindang] officials resolutely sever relations with imperialism and the Kuomintang [Guomindang] and do not engage in sabotage or resistance, they may continue to hold office irrespective of their past.

13. The PLA entering Tibet shall abide by all the above-mentioned policies and shall also be fair in all buying and selling and shall not arbitrarily take a needle or thread from the people.

14. The CPG shall have centralised handling of all external affairs of the area of Tibet; and there will be peaceful co-existence with neighbouring countries and establishment and development of fair commercial and trading relations with them on the basis of equality, mutual benefit and mutual respect for territory and sovereignty.

15. In order to ensure the implementation of this agreement, the CPG shall set up a Military and Administrative Committee and a Military Area HQ in Tibet and - apart from the personnel sent there by the CPG - shall absorb as many local Tibetan personnel as possible to take part in the work. Local Tibetan personnel taking part in the Military and Administrative Committee may include patriotic elements from the local government of Tibet, various districts and various principal monasteries; the name list shall be set forth after consultation between the representatives designated by the CPG and various quarters concerned and shall be submitted to the CPG for appointment.

16. Funds needed by the military and Administrative Committee, the Military Area HQ and the PLA entering Tibet shall be provided by the CPG. The local government of Tibet should assist the PLA in the purchase and transport of food, fodder and other daily necessities.

17. This agreement shall come into force immediately after signature and seals are affixed to it.

Signed and sealed by the delegates of the CPG with full powers by Chief Delegate Li Weihan (Chairman of the Commission of Nationalities Affairs) and three delegates. Delegates with full powers of the local government of Tibet by Chief Delegate Kaloon Ngabou Ngawang Jigme (Ngabo Shape) and four delegates.

Also:

• Conference of Simla (1914)