Local Constitution

Article 1: Designation.

The designation of this constitution reads "constitution of the Municipal Association of the Tibetan Community of Switzerland & Liechtenstein“. The constitution was adopted in the Tibetan king year 2122 and/or 1995 After Christ.

Article 2: Registered place of business.

Until a permanent registered place of business is specified, the provisional seat for office of the Tibetan Community of Switzerland & Liechtenstein can be found in the city of Zurich.

Article 3: Legal basis of the constitution.

The constitution was prepared in the framework of Article 87 of the constitution of the Tibetan Government in Exile as well as Article 60 of the Swiss civil code.

Article 4: Objectives.

a) In the context of the democratic constitution of the Tibetan Government in Exile and under the spiritual and political guidance H.H The Dalai Lama, to pursue an active and engaged participation in all non violent activities for the promotion and regaining of our legitimate rights.

b) Promotion of unity and co-operation among Tibetans.

c) Further stabilization and continuation of the democratization processes within the exile community.

d) Promotion of good relations between the Tibetan community and the local swiss citizens.

c) Preservation and promotion of the rich cultural heritage, in particular the Tibetan dharma and language, with special stress on the passing on of this inheritance to the new generations.

d) Publication of newspapers etc. in accordance with article 12, 4 of the Tibetan constitution.

Article 5: Membership eligibility.

All Tibetan including children, who live in Switzerland & Liechtenstein, whose physical father or physical mother are of Tibetan descent have the right to membership under the condition that he or she fulfill the requirements of article 8, paragraph 1 [footnote (in the following Fn) 1] and paragraph 3 [Fn 2] of the Tibetan constitution.

Article 6: Rights and privileges of members.

a) In accordance with article 11 [Fn 3] of the Tibetan constitution, all qualified persons have the right to vote and be nominated as a member of the Municipal Association of the Tibetan Community of Switzerland & Liechtenstein.

b) Any Tibetan can participate in meetings of the Municipal Association as observers, but not however in their discussions and votes.

Article 7: Obligations of members.

a) Adherence to the Tibetan constitution, the laws, regulations and resolutions of the Tibetan administration as well as adherence to the constitution of the Municipal Assembly of the Tibetan Community of Switzerland & Liechtenstein.

b) Adherence to the entire article 13 [Fn 4] of the Tibetan constitution.

Article 8: Provision of the public funds.

a) The sources for the public funds are from the profits from events and various other activities, donations from individuals and organizations as well as from the interest yield on bank assets of the public fund.

b) The responsibility for the public fund is with the members of the Municipality Assembly of the Tibetan Community of Switzerland & Liechtenstein.

Article 9: Business management of the public funds

a) The bank accounts of the public fund must be in the name of the Tibetan Community of Switzerland & Liechtenstein. The entire responsibility of the management of all cash transactions of the public fund must be carriedunder the supervision of the chairman and the vice-chairman by the cashier.

1. The chairman and vice-chairmen has the authority to decide on unforeseen costs and investments of upto CHF 1,000 annually.

2. The annual limit of the Municipal Assembly for unforeseen costs and investments can be upto CHF 3,000 agreed to by the majority of the present members. For amounts over CHF 3,001, the Municipal Assembly must decide by an approval of two-thirds majority.

b) To assure a full and tidy audit of the public funds, the Municipal Assembly has to select two auditors.

c) If the Municipal Assembly should be dissolved, in accordance with article 1(FN4) of the constitution, the public funds should be utilized for the just cause of the Tibetan people.

Article 10: Expenses for travel and telephone calls

a) The chairman and the vice-chairman shall be compensated from the public funds in the following manners. 100% of the demi tariff subscription card of the SBB for the term of office of 3 years, 50% of the actual driving expenses in public transport and/or the equivalent of the appropriate tickets as well as a monthly allowance of CHF 35 for telephone calls made in relation to the activities of the Municipality Assembly of the Tibetan Community of Switzerland & Liechtenstein.

b) All member of the Municipal Assembly shall receive from public funds, reimbursements for expenses incurred in all trips made in connection with the activities of the Municipal Association of the Tibetan Community of Switzerland & Liechtenstein (upon presentation of receipts).

c) All expenditures in connection with public affairs such as stationaries, postages and travel expenses for the members of the Municipal Assembly are borne by the constituency of the local section.

d) In the cases foreign travels made by members in connection with activities of TCSL, actual travel expenses are eligible for reimbursement from the public fund upon proper presentation of receipts.

e) 50% of the travel expenses incurred in the participation for the meetings of the executive committee must be borne by the local section.

Article 11: Compensation for accidents.

       If a member suffers an accident, gets sick or dies, the members can receive as much humanitarian assistance as possible. However no financial compensation from public funds can be obtained.

Article 12: Public expenditures

a) All disbursements for public affairs are paid from the public fund.

b) In the case of embezzlement or loss of public funds, it is the responsibility of the individual for the reimbursement of the entire missing amount.

Article 13: Newsletter/website, Folklore Association and Tibetan School Association of the Tibetan Community of Switzerland & Liechtenstein

a) In accordance with article 4d) the Municipal Assembly selects the editor for the Newsletter/website of the Tibetan Community of Switzerland & Liechtenstein. Also, a member of the Municipal Association, responsible for the supervision of the magazine and website is selected and becomes thus a member of the executive committee. Arrangements for additional requirements of assistants and for the work are given in conformity with the independent regulations of the Municipal Association.

b) The Director of the Folklore Association of the Tibetan Community of Switzerland & Liechtenstein is selected by the Municipal Association and thus becomes a member of the executive committee. The manager is selected together by the Municipal Association and by the members of the Folklore Association. The main instructor, the treasurer and other staffs needed are to be elected by the members of the Folklore Association themselves. The administrative activity happens in conformity with the independent regulations of the Municipal Association of the Tibetan Community of Switzerland & Liechtenstein.

c) The co-ordinator of the Tibetan school of Tibetan Community of Switzerland & Liechtenstein is selected by the Municipality Association, and thus becomes a member of the executive committee. The administrative activity happens in conformity with the independent regulations of the Municipal Association of the Tibetan Community of Switzerland & Liechtenstein.

Article 14: Regaining of our legitimate rights.

The realistic method for the regaining of our legitimate rights, which is the most ambitious goal of every Tibetan, is the active and non violent conversion of all activities in conformity with the Tibetan exile constitution.

Article 15: The entry into force of the constitution.

With beginning of the validity of this constitution, all earlier constitutions (and statutes) are waived automatically.

Article 16: Jurisdiction.

The Tibetan Community of Switzerland & Liechtenstein will force this constitution under the jurisdiction of the Municipal Assembly of the Tibetan Community of Switzerland & Liechtenstein.

Article 17: Constitutional amendments.

This constitution can be amended if necessary, whereby each individual members of the constituency concerned must be asked in order to achieve a supporting majority. Altogether it requires a two-third majority of the total number of members of the Municipal Association of the Tibetan Community of Switzerland & Liechtenstein.

Footnotes:
All references in this text relate to both sexes.

1. Tibetans who are born within the territorial borders of Tibet, or in any other country are Tibetan citizens. Any person with a biological father or a biological mother of Tibetan descent also has the right to Tibetan citizenship (Artikel_8,_1) of the Tibetan exile constitutional)

2. Every non-Tibetans with a Tibetan spouse in accordance with international standards for over more than three consecutive years would be eligible for the Tibetan nationality, provided that the obligations imposed by the Assembly of Tibetan People Deputies under (article 8, 3) of the Tibetan exile Constitution are met.

3. Unless precluded by law, all Tibetan people, whether lay or clergy, men or women, who have reached the age of 18 have the right to vote, and all Tibetan citizens, whether lay or religious, men or women with the minimum age of 25 years, have the right to be elected. (article 11 of the Tibetan exile Constitution).

4. All Tibetan citizens have the following obligations:

(1) loyalty to the Tibetan nation

(2)Observe faithfully Constitution and laws of the Tibetan Administration

(3) Pursue legitimate objectives of the Tibetan people;

(4) To regularly pay lawfully levied taxes and

(5) to meet those legally imposed obligations in the event of threat of national interest or any other public emergency imposed by law (Article 13 of the Tibetan Exile Constitution).