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HomeMy WebLinkAboutR-99-0221EAT J-99-251 3/23/99 RESOLUTION NO. 9 9 - 2 4 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING 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. WHEREAS, the Peoples' Republic of China invaded the independent country of Tibet in 1949-50, 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 CM COMUSSION XSETIkVG OF PAR 2 3 1999 ReroWtim No. 99- 221 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 which 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 WHEREAS, 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 which intensifies and promotes the transfer of Chinese into Tibet or which 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 WHEREAS, the Tibetan freedom movement is based on Buddhist non-violent principles, even in the face of brutal Chinese 2 - 99- 221 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 COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Miami City Commission hereby supports 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. Section 3. The Miami City Commission further supports the recommendations of the International Commission of Jurists to the Peoples' Republic of China as follows: 1. to 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; 2.to ensure respect for the fundamental human rights of the Tibetan people; 3. to ensure respect for the fundamental human rights of the Tibetan people; 4.to end those practices which threaten to erode the distinct cultural, religious and national identity of the - 3 - 99- 221 Rd Tibetan people. In particular, cease policies which result in the movement of Chinese to Tibetan territory; S. to cooperate with the United Nations mechanisms for the protection of human rights; 6. supports the right of the Tibetan people to control economic development in Tibet; and 7. calls upon individuals and companies doing business in Tibet to follow the development guidelines of the Tibetan Government -in -exile. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor11. PASSED AND ADOPTED this 23rd day of March , 1999. ATTEST: JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayer did not Indicate approval of this legislation by signing it in the designated place provided, said legislation novr becomes effective with the elapse of ten (10) days from the date of Commission action regarding same, without the Mayor exercis g veto. Waite man, City Clerk WALTER J. FOEMAN CITY CLERK AS rRU V IL .TTORNEY 305:CSK:ESS CORRECTNESS:)�, 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 4 - 99- 221 CITY OF MIAMI, FLORIDA 4MISTRICT 4 INTER -OFFICE MEMORANDUM COMMISSIONER REGALADO TO Donald Warshaw City Manager FROM: Tomas Reg ad Commissioner DATE: FILE February 19, 1999 SUBJECT: Discussion Item Please place an item on the agenda of the City Commission meeting to be held on March 9, 1999. This item is in reference to the presentation of a resolution supporting Tibet, and the fundamental human rights of the Tibetan people. Please include a copy of the attached resolution in the agenda package. Cc: Alex Vilarello, City Attorney 9 9 — 221 -' 34 •: 1 .f f i -a C •) - II._ WHEREAS, the Council of the City of Miami _ finds as follows: SECTION I. PREAMBLE A. The People's Republic of China invaded the independent country of Tibet in 1949- 50, has committed "acts of genocide" in Tibet, and is currently committing systematic human rights violations in that country, including deathin detention, torture, disappearances, arbitrary arrest, detention without public trial, denial of free speech and free press, population transfer, coerced sterilization and abortions, suppression of Tibetan Buddhism, destruction of Tibetan culture, and widespread racism and discrimination against Tibetans. B. 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." C. The United Nations General Assembly passed Resolutions 1353 (XIV), 1723 (XVI), and 2079(XX), calling for the cessation of practices which deprive the Tibetan people of their fundamental human rights and freedoms, including their right to self- determination. D. 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"; E. China seeks to absorb Tibet into China and is conducting economic development in Tibet contrary to the wishes of the Tibetan people. 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 which intensifies and promotes the transfer of Chinese into Tibet or which leads to the destruction of Tibet's fragile environment should be opposed. F. His Holiness the Dalai Lama, recipient of the 1989 Nobel Peace Prize, has repeatedly tried to conduct negotiation with China concerning the status of Tibet without precondition, but China has refused to agree to these negotiation. The Tibetan freedom movement is based on Buddhist non-violent 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. 9/l/98 ICLT Selective Purchasing Manual C-1 9 9 -- 221 (7) i NOW. THEREFORE, BE IT RESOLVED by the Council of the City of Mi ami that the City of Mi ami (1) supports 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. (2) supports the recommendations of the International Commission of Jurists to the People's Republic of China — (a) to 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) to ensure respect for the fundamental human rights of the Tibetan people; (c) to end those practices which threaten to erode the distinct cultural, religious and national identity of the Tibetan people. In particular, cease policies which result in the movement of Chinese to Tibetan territory; (d) to cooperate with the United Nations mechanisms for the protection of human rights; (e) to allow unrestricted access to Tibet by independent human rights monitors; (3) supports the right of the Tibetan people to control economic development in Tibet; and (4) calls upon individuals and companies doing business in Tibet to follow the development guidelines of the Tibetan Government -in -exile. ICLT/98/09/01/A 9/1/98 ICLT Selective Purchasing Manual C-2