Changes of the Political and Legal Status of Women in Tibet since Its Democratic Reform

　　Sun Lingling (China)

　　Abstract: After its peaceful liberation and democratic reform, Tibet has established a legal system protecting the rights and interests of women and promoting gender equality. The political and legal status of women has undergone enormous changes. The changes of the political and legal status of women in Tibet reflect the tremendous changes and progress of social development in Tibet.

　　Keywords: women in Tibet, legal status, political status, changes

　　The political and legal status of women and their participation in the administration of state and social affairs are important indicators of social equality and human rights, as well as key factors that can determine whether a region or country can achieve sustainable development. After its peaceful liberation, especially democratic reform in the 1950s, Tibet established a complete set of policies and laws to promote equality between men and women and protect the rights of women. The political and legal status of women and their participation in political affairs have since been substantially improved, which mirrors Tibet’s social progress.

　　I. Dramatic Changes in Political and Legal Status of Women in Tibet

　　Prior to its peaceful liberation, Tibet operated a feudal serfdom with officials, aristocrats, and senior lamas as rulers. Female serfs had no personal liberty, and even women from aristocratic families had no right to participate in political affairs and even determine their own marriage. Most of them were illiterate.

　　After its peaceful liberation and democratic reform, Tibetan society witnessed unprecedented change, as did the social status of Tibetan women. Serfs became citizens with equal rights. Under the socialist system, women in Tibet enjoy equal political, economic, cultural and social rights to men, just like women in other parts of China. In terms of politics, women enjoy rights to participate in voting and social administration. Women also enjoy equal right to receive education, and the education gap between men and women has been substantially narrowed. Women enjoy equal right to work and equal pay as men. Women enjoy equal rights to health, personal freedom, image, reputation, and custody of their children. Women and men enjoy equal rights in terms of property distribution and farmland and pasture contracts. Women can get married or divorced for free will and enjoy the right to make decisions about their procreation. Men and women enjoy equal rights in marriage and family life.

　　II. The Rights and Interests of Women in Tibet Are Protected by Law

　　The rights and interests of women in Tibet are protected by China’s Constitution and other laws, including state laws and regulations such as Law on the Protection of Women’s Rights and Interests and regional laws and regulations that the government of Tibet Autonomous Region formulated on the basis of Law on Regional Ethnic Autonomy.

　　i. Laws Protecting Women’s Legal Status and Rights

　　Equality between men and women is a basic state policy of China that has been written into the Constitution. Chinese laws and regulations, such as Law on the Protection of Women’s Rights and Interests, Marriage Law, Law of Succession, Criminal Law, Compulsory Education Law, Law on Maternal and Infant Health Care, and Regulations on Labor Protection for Female Workers, all have stipulations concerning the protection of women’s rights and interests in politics, economy, culture, and education. 

　　ii. Special Policies for Women from Ethnic Minorities

　　Currently, regions inhabited by ethnic minorities still lag behind the east coast in economic development. To achieve sustainable development of regions inhabited by ethnic minorities, China has formulated special policies to cultivate female professionals in such regions. For instance, Article 11 of the Law on the Protection of Women’s Rights and Interests stipulates that the state attaches importance to training and selecting female officials from ethnic minorities. China has also formulated favorable policies for women from ethnic minorities in terms of education and employment. For example, college entrance exam scores are weighted and they can acquire interest-free loans to start a business. Over decades, women have played important roles in political, economic and social development of regions inhabited by ethnic minorities.

　　iii. Special Measures to Protect the Rights and Interests of Women in Tibet

　　According to the Constitution and Law on Regional Ethnic Autonomy, Tibet Autonomous Region enjoys the right to ethnic autonomy. It formulated many regional laws and regulations to achieve legal and actual equality between men and women, between women from different ethnic groups, and between urban and rural female residents.

　　Adhering to the principle of equality between men and women. According to Measures of Tibet Autonomous Region to Implement the Law on the Protection of Women’s Rights and Interests of the People’s Republic of China, women from all ethnic groups enjoy equal political rights and equal rights to vote and hold office as men in Tibet, and any organization or individual shall not discriminate against women. Meanwhile, the standing committees of people’s congresses and people’s governments at various levels and people’s governments in Tibet Autonomous Region must include female members, and female officials must reach certain percentage in leaderships of governmental departments concerning education, public health, culture, commerce, textiles and other sectors with tremendous numbers of female employees. Governments and public organizations at all levels in Tibet Autonomous Region shall pay attention to the training and selection of female officials. In November 2011, Women Development Plan of Tibet Autonomous Region (2011-2015) was published, which stipulates 57 tasks and 85 measures concerning women development in those fields such as healthcare, education, economics, decision-making and administration, and social security.

　　Guaranteeing women’s right to participate in the administration of political affairs. According to Article 10 of the Measures of Tibet Autonomous Region to Implement the Law on the Protection of Women’s Rights and Interests of the People’s Republic of China, female deputies shall make up no less than 20 percent of people’s congresses at various levels in Tibet Autonomous Region. According to the Plan on the Development of Women in Tibet Autonomous Region that was formulated in 1996, the leadership of every prefecture, city or county in Tibet must have at least one female member, and every prefecture or city shall have a female secretary of a county-level committee of the Communist Party of China (CPC) and a female county magistrate. Moreover, 70 percent of town-level CPC organs and governmental departments shall have female officials, and the figure is 60 percent for district-level CPC organs and governmental departments and 50 percent for municipal-level CPC organs and governmental departments. Female officials shall reach certain percentage in the leaderships of governmental departments concerning sectors with a high percentage of female employees. The CPC division and residents’ committee of every village in Tibet shall contain female members. Moreover, Tibet seeks to gradually increase the percentage of female deputies in people’s congresses and CPC congresses at all levels. All of these polices effectively ensure women’s right to participate in the administration of political affairs. 

　　Protecting women’s marital autonomy. Based on the Marriage Law of the People’s Republic of China and the actual conditions of its agricultural and pastoral areas, Tibet Autonomous Region formulated the Regulations on the Implementation of the Marriage Law of the People’s Republic of China in Tibet Autonomous Region in 1981, which was revised in June 2004. According to Article 2 of the regulations, both polygamy and polyandry were abolished, but in view of Tibet’s actual situations, marriages involving polygamy or polyandry formed before the regulations came into effect are exempt unless any part in such marriages voluntarily asks for dissolution. The article sets a pragmatic legal foundation for measures and policies to solve problems arising from unique marriage relations of some Tibetan families and protects the lawful rights of women.

　　Safeguarding women’s right to education and employment. Since 1985, the central government has offered free food, accommodation, and education for students from farmers and herders’ families during the nine-year compulsory education period. In 1994, Tibet passed Methods on the Implementation of the Compulsory Education Law of the People’s Republic of China in Tibet Autonomous Region, which was revised in 2001 and 2008. The Methods confirms the favorable education policies for students from Tibet’s rural areas and local girls’ right to education. Those policies such as establishing Tibetan classes in universities beyond Tibet and weighting Tibetan college entrance exam scores help increase opportunities for students from Tibet, especially female students, to access higher education. In 2010, the net enrollment rate of girls in Tibet’s primary schools reached 98.6 percent, and the gross enrollment rates of girls in middle schools and high schools were 96 percent and 56 percent, respectively. The literacy rate of adult women surpassed 82 percent, and the figure reached 98 percent among Tibetan residents aged 15 to 50. Female senior technicians made up 31.9 percent of Tibet’s total. The average length of school attendance of all people in Tibet was 6.8 years.  In addition, Tibet is the only region in China to guarantee job assignments for college graduates. Colleges and universities in some provinces and municipalities provide favorable enrollment policies for candidates from Tibet. These measures help improve the employment situation for Tibetan college graduates, especially females.

　　Ensuring freedom of religion for women. The Constitution of China stipulates that Chinese citizens enjoy the freedom of religion. In Tibet, women’s religious freedom is fully respected and protected. Women have the right to decide whether they practice religious activities or not. In 2013, Tibet had more than 100 nunneries, with a total of 4,000 nuns. Female religious practitioners enjoy the right to carry out religious activities according to law. Since 2011, the government has formulated a series of policies to enhance the living standards of monks and nuns in Tibet by improving monasteries’ infrastructures and facilities such as transportation, electricity, water supply, libraries, and access to radio and television. Moreover, pension and medical insurances and minimum living allowances are also available for monks and nuns. 

　　III. Development and Changes of the Political and Legal Status of Women in Tibet

　　Since Tibet’s democratic reform in the late 1950s, local women have constantly expanded participation in political affairs in increasingly diverse ways. More and more women joined CPC and the Communist Youth League (CYL). CPC and governmental departments have female officials from Tibetan, Lhoba, Moinba and other ethnic groups. Many local women have been elected deputies to the National People’s Congress (NPC) and the People’s Congress of Tibet Autonomous Region and members of the Chinese People’s Political Consultative Conference (CPPCC). The percentage of women participating in the administration of state affairs continues growing. Besides the political area, countless female elites have emerged in other sectors.

　　i. The Establishment of Women’s Federation in Tibet

　　In the process of Tibet’s peaceful liberation, Tibet Working Committee founded the Working Commission for Women in Tibet. In 1952, Tibet held the first Congress in Honor of International Women’s Day, and 100 elite women were invited to attend the congress. In June 1960, the First Tibetan Women’s Congress was held, at which the Women’s Federation of Tibet was founded. Local women gradually appeared in the political arena.

　　ii. Women’s Participation in the Administration of Political Affairs in Tibet

　　After Tibet’s democratic reform, local women began to participate in the administration of state and social affairs. Since the first election of deputies to people’s congresses at different levels in Tibet in the early 1960s, the percentage of local women participating in voting during every election has always surpassed 90 percent. Women make up 15 percent of all members in Tibet’s village committees and neighborhood committees. Tsering Lhamo, an outstanding Tibetan woman who founded Tibet’s first productive mutual-aid team, later became vice chairwoman of the Standing Committee of the People’s Congress of Tibet Autonomous Region.

　　Deputies from Tibetan and other ethnic minorities make up the overwhelming majority of people’s congresses at various levels in Tibet. Statistics released by the Women’s Federation of Tibet show that as of July 2013, Tibet had 19,000 female civil servants, accounting for 34.49 percent of the autonomous region’s total. More than 57 percent of provincial and municipal-level CPC and government leaderships consisted of female officials, and the figure was 93.24 percent and 91.89 percent for county-level CPC and government leadership teams, respectively. The People’s Congress of Tibet Autonomous Region includes 104 female deputies, accounting for 23 percent of its total. The People’s Political Consultative Conference of Tibet Autonomous Region contains 130 female members, making up 21 percent of its total members.

　　iii. Participation in Politics and Awareness of Rights of Women in Tibet

　　With the economic development and social progress of Tibet, the political, legal and economic status of local women has also greatly improved. As their awareness of legal rights improves, women in Tibet have shown increasing enthusiasm for participating in the administration of political affairs. However, degrees of improvement vary according to individual and family conditions and the social environment of areas in which they live. To research the changes of political and legal status of women in Tibet, one should not only understand the issue of gender equality from the sociological perspective, but also take into account the unique history, culture, religion, and ethics of Tibet.

　　The legal consciousness and political participation of ordinary women in Tibet have constantly improved. In recent years, community-level women’s federations have further developed. For instance, heads of women’s federations in 90 percent of villages and sub-districts of Lhoka and Nyingchi are also members of village or sub-district committees, and the figure even reaches 100 percent in Lhoka’s Longzi County and Nyingchi’s Mainling, Zayu, and Metog counties.  With the popularization of personal computers, cell phones, and televisions, new philosophies and ideas began to swarm the lives of Tibetan people. In this context, awareness of law, personal rights and political participation continuously grows for both urban and rural women. For instance, a Tibetan woman who suffered domestic violence used the “weapon” of law to get a divorce from her husband. She remarked that women should learn how to protect their rights afforded by law, determine their own fates, and seek a happy life for themselves.

　　The mechanism to protect rights of women has constantly improved. Public security organs, procuratorial organs and people’s courts at various levels in Tibet have taken decisive action to prevent and fight crimes that infringe on the rights and interests of women, such as human trafficking and domestic violence. A number of organizations for the protection of women and children have been established, including the working committees for women and children affairs set up by the government of Tibet Autonomous Region and its administrative offices in different areas, collegiate panels in courts of various levels, mechanisms to fight domestic violence and help women and children set up by public security departments, and legal assistance centers set up by judicial departments. Moreover, labor departments are enacting measures to strengthen the protection and safety of women in the workplace, and the Women’s Federation of Tibet Autonomous Region has opened a hotline to help women safeguard their rights. To date, thanks to efforts from every government department and participation from all of society, Tibet has formed an effective mechanism to protect the rights of women.

　　The overall environment for local women has gradually improved. Statistics released by the Women’s Federation of Tibet Autonomous Region in 2013 show that Tibet has 707,000 female employees, accounting for 37.1 percent of its total workforce. By the end of 2011, there were 1,017 female senior tech professionals, making up 35.43 percent of the autonomous region’s total. They are making remarkable contributions to local economic development. Of Tibet’s 115 experts enjoying special allowances of the State Council, 16 are women.  Furthermore, women play an important role in higher education. All of these factors evidence that the education level and overall abilities of women in Tibet have constantly improved. Local women are taking lead roles in areas including politics, economics, education, and social life.

　　IV. Thoughts on Political and Legal Status of Women in Tibet

　　Despite the fact that the political and legal status of women in Tibet has been substantially improved and great progress has been made in protecting women’s right to participate in the administration of state affairs, problems do remain. Compared to the national average, especially the country’s developed coastal areas, women in Tibet still lag far behind in terms of participation in the administration of state affairs, legal status, and awareness of their rights. The primary reason behind the problem is that Tibetan women are still heavily influenced by their traditional culture, traditional gender conceptions and religious beliefs and fall behind in education. As a result of language barriers and traditional concepts, Tibetan women are vulnerable to self-abasement, self-isolation and dependence.

　　Therefore, the situation of social status, engagement in the administration of state affairs, and political and legal awareness of women in Tibet, especially those in rural areas, remains far from perfect. Changing the situation requires even more special policies to be formulated to promote the social status of women in Tibet. For instance, the government should take action to build a better legal system and environment for women to participate in administrative affairs and constantly increase the percentage of female deputies and members in CPC congresses, people’s congresses, government departments, and people’s political consultative conferences at various levels, so as to achieve both legal and actual equality between men and women in Tibet. In the future, the government should give priority to the protection of vulnerable groups such as rural women and female migrant workers and take measures to narrow the gaps between men and women and between urban and rural women. The government should also focus on the cultivation of women with greater intellectual abilities and higher prestige in farming and herding areas, so that they can lead local residents to shake off poverty and achieve prosperity.

　　Over decades, Tibetan women’s political and legal status has witnessed tremendous change, mirroring the autonomous region’s great progress in economics, society, and human rights and the achievements that China has made in protecting Tibetan women’s rights and interests. Such moves have consolidated relations between ethnic groups featuring equality, unity, and mutual assistance and accelerated the common prosperity of all ethnic groups in China.

　　(Sun Lingling, vice director and associate researcher of the Institute of Contemporary Tibet Studies, Academy of Social Sciences of Tibet)