台灣戰爭史回顧 (429)
「台灣公民權利法案」執行前的釋注。流亡在台灣的中國殖民政權，為延續其繼續其統治台灣的「假正當性」，企圖藉用「民主選舉」「通婚移民」政策，將本土台灣人民結構改變，特為文提醒台灣主要佔領權國美國當局注意其發展。 對台灣民政府即將發放「台灣公民(Taiwan Citizen)與台灣居民(Taiwan Resident)」身份證(ID Card)前的說明。
難民處置Settling Refugees
According to Antonio Cassese, states must refrain from altering the structure of the concerned "people" by moving populations in or out of the relevant territory. 依聯合國專案處理國際事務之特任官義大利籍國際法專家Antonio Cassese看法，國家必須避免藉人口之「移入或移出」相關領土，改變有關民族之結構。
結合「軍事佔領和政治流亡」之「中國殖民政權在台灣」，經由大量中國難民之「移入」日本台灣，企圖改變當地住民之結構，將導致當地之「民族特性消滅(the extinguishing of the ethnic identity)」，包括「語言消滅(linguicide)等之文化消滅(ethnocide)」。其藉改變民族特性以「改變種族」之罪行，不下於違反國際法之「滅種(genocide)」。由Antonio Cassese之見解，足以證明中國政治難民藉軍事佔領之便，大舉將中國人「移入」日本台灣領土以殖民，是違反國際法之非法行為。
There are two ways in which this change in regime could conceivably be brought about. Either would confront us with the eventual probable responsibility for removing the Chinese forces and many of the Chinese refugees by force to the mainland. This would involve a considerable amount of pushing people around, which would be unpleasant and might lead to serious moral conflicts within our own people and government.
中國人是在美國之默許下，「流亡而非移民」至日本台灣。因此，在台海兩岸之中國人完成和解後，美國有責任設法處理已無流亡正當性之中國難民。
A. 難民安置實例：
1. 基於印度並非「移民國家」，流亡印度達蘭薩拉之西藏人，其後代之身份仍為西藏難民，非自動成為印度人。
事實上，在國際社會中僅有少數由外來移民所組成之國家，主要是美國，會依國內法範疇之「移民法」，將難民視為移民以歸化流亡難民並賦予「公民權(civil rights)」。至於絕大多數非由外來移民所組成之傳統國家，則未必有制訂移民政策以移轉流亡難民之效忠，將其歸化為國民。
2. 西藏人所流亡之達蘭薩拉乃印度政府提供予西藏流亡政府之「租賃地(leasehold land)」，面積有限而不得擴展。
被安置在「限制區域」之西藏流亡政府，實為有組織之「難民營」。流亡台灣之中國政府過去為流亡中國人所設立之「眷村」，其實就是依流亡規矩圈地以為「難民營」。依國際慣例，流亡難民無論終將被安置或被遣返，在過渡期間是應被限於難民營以方便管制。
3. 西藏流亡政府尚未能和中國政府和平解決西藏問題，因而持續其在印度達蘭薩之流亡狀態。
B. 難民遣返實例：
1. During 1920 to 1921, the Japanese Government and Red Cross received 765 Polish orphans from Siberia and sent them back to Poland. 日本政府及紅十字會曾在第一次世界大戰後之1920至1921年間，收容765個從西伯利亞送來之波蘭孤兒，後來則是將他們全數送回波蘭。
2. 巴基斯坦200萬逃離數月難民開始返鄉
http://news.sina.com 2009年07月13日 17:36 北京新浪網
根據巴基斯坦政府的遣返計劃，逃離斯瓦特河谷數月的難民13日開始重返家園。
難民營里日子難熬
巴基斯坦政府13日宣布，當天是斯瓦特難民重返家園的第一天。自巴基斯坦軍隊今年4月底，開始對斯瓦特地區的塔利班武裝實施軍事打擊以來，斯瓦特河谷已經有超過200萬平民逃離。
13日下午，在巴基斯坦政府設置的一個難民營，一個由6輛大巴和卡車組成的車隊載著22個難民家庭開始返回斯瓦特河谷。在白沙瓦的另一個難民營，20輛大巴載著108個家庭于13日上午返回斯瓦特河谷。60歲的難民謝爾‧扎曼說：“我很高興能回家，最近這些日子過得很艱苦，天氣非常熱，但是感謝政府幫助我們，我們希望和平。”有人擔心時局拒絕返回. 巴基斯坦軍方稱，在經過軍方的有力打擊後，斯瓦特地區的大部分塔利班武裝分子已經被掃清。
3. 【大紀元2010年11月9日報導】（中央社記者林憬屏曼谷9日專電）
泰緬邊界克倫軍與緬甸軍方的戰事今天暫時停歇，逃到泰國的緬甸難民開始返家。緬軍已經控制發生衝突的緬甸米瓦迪，不過有部分地區還有零星交火。
緬甸7日舉辦20年來首度大選，選舉當天民主克倫佛教軍（DKBA）因不滿大選，與軍方發生衝突，造成大批難民逃亡到跨越邊境，進入泰國來興省（Tak）密蘇特鎮（Mae Sot）鎮。
泰國政府發言人潘尼潭（Panithan Wattanayakorn）指出，進入泰國的緬甸難民將近2萬人，泰國當局負責人道援助。
邊界的戰事衝突今天暫停，倉卒逃離家園的難民也返緬，密蘇特鎮鎮長奇提薩（Kittisak Tomornsak）表示，邊界巡邏軍與政府單位協助難民回緬甸，緬軍已從DKBA手中控制發生衝突的緬甸邊城。
泰國軍方指出，緬甸當局宣告已將DKBA驅離米瓦迪（Myawaddy）後，泰方開始將難民送回緬甸。
作者：林 志昇（武林 志昇˙林 峯弘）
2011/06/13
2014/03/10
參考文件：
Tibetan Community at Dharamsala, India
Over 80,000 Tibetans led by their religious and temporal leader, His Holiness the Dalai Lama, have fled the Chinese occupation of their country and established a refugee community at Dharamsala in India.. Facing the destruction of their culture and religion (of the country's 6,259 monasteries, nunneries and temples, all but eight have been completely destroyed), they had a duty which far transcended the need merely to keep body and soul together: a duty to nurture a whole civilisation in exile. With help from concerned governments, the UN High Commission for Refugees, humanitarian organisations, and philanthropic individuals on the one hand and the sheer tenacity of the Tibetans themselves on the other hand, the Tibetans have achieved today what might surely have seemed impossible 36 years ago when they first set foot on Indian soil.
The beginning years were expectedly the most difficult. Many Tibetans, coming from the high Tibetan plateau, succumbed to tropical diseases and heat. They were divided into road construction groups and lived in tented camps. With help from the Government of India and others, 54 agricultural and agro-industrial based refugee settlements were gradually established. The idea was to resettle the Tibetans in compact homogeneous communities where they would be able to preserve and perpetuate their culture and traditions, while at the same time enabling them to become self-sufficient in livelihoods.
A democratic administration in exile was set up at Dharamsala, India, to manage the affairs of the Tibetan refugees. With assistance from the Government of India, Tibetans schools were established to impart modern secular education to the Tibetan children while also emphasising the learning of Tibetan language and literature, history, culture, religion, arts and crafts. Today, there are 85 Tibetan schools throughout India, Nepal and Bhutan with total student strength of 27,585. About 70 percent of school aged children attend school. Centres for the preservation, perpetuation and propagation of Tibetan culture and traditions in different fields of skills and learning were also set up. These included carpet weaving, wood and metal curving and sculpture, performing arts, thangka painting, Tibetan medicine, Tibetan language, history and Buddhism. Primary Health Care centres exist in almost all the refugee communities. Nearly 200 monasteries and nunneries have been established to revive religious education and traditions. In short, the Tibetans have kept alive in India what was almost totally destroyed or sinocised inside Tibet.
Credit for the success of the Tibetan community at Dharamsala and elsewhere indubitably goes to the democratic vision, foresight and leadership of His Holiness the Dalai Lama. Today, the Tibetan issue is well known internationally. The Chinese Government demands that the refugees accept that Tibet was always an integral part of China as a precondition for negotiation for the future status of Tibet. While the influx of the Chinese population endangers the culture and identity of the Tibetan people in Tibet, those at Dharamsala continue to work for a peaceful settlement.
Exile is hard. A prolonged exile from one's own land, animals, climate and all that is familiar is especially hard. We Tibetans are now raising a new generation born into exile. They have never experienced the vastness of the grasslands, the beauty of the snow mountains that ring our homeland nor have they even seen so much as one yak, those great friends of the Tibetan people who made our human use of the entire Tibetan plateau possible.
The new generation has grown up as refugees in India, which offered us extraordinary hospitality when in 1959 we were forced to flee our land of snows, and instead learn all over again to survive in the tropical jungles of India. Now, we are scattered all over India, from the cold deserts of Ladakh to cool Himalayan hill stations in the North to the intense heat of the far South, only 12 degrees from the equator. We are drop in the ocean of India's billion-plus population, yet we have been able to retain our identity and maintain our culture against all odds.
Although we Tibetans are no more than 140,000 in India, Nepal and Bhutan, we have adapted to new circumstances of the host nation. We keep alive a culture that to this day is under intense pressure in Tibet, and in danger of suppression, in a land our young generation have not seen. What is it that keeps us going, as guests in a poor country where we must fend for ourselves, and be the guardians of a culture that could die unless we maintain it?
The secrets of our successful adaptation is the settlements, on land leased to us by India over four decades ago. Before China took our country and persecuted our most respected leaders and teachers, we were an overwhelmingly rural people. It may be that Tibet was the least urbanised of lands. We were farmers and nomadic pastoralists, stewards of a land as big as Western Europe, and we managed our land sustainably and productively for thousans of years.
As refugees, we had to begin all over again, but our desire for a quiet, grounded rural life remained with us. We had to clear jungle by hand, learn to deal with marauding elephants, face many problems we had never before experienced. But the settlements succeeded, and many social scientists have noted our ability to adapt with the situation.
We learned to grow new crops, and with the income earned we not only fed ourselves but also financed a fledging Tibetan administration headed by His Holiness the Dalai Lama, to enable Tibetan voices to be heard on the world stage. We gave our time and money wherever possible to the rebuilding, in India, of monasteries that had been destroyed in our homeland. They are often close to our settlements.
This we considered vital, because this is a balanced partnership, enabling us to achieve, as a community, both mental and physical development. In Tibet, it was our custom to support the monks and nuns, because they work compassionately for all sentient biengs, and in exile, the continuity of our traditions of mental development became all the more precious. The first exiles, many of whom were nomads became farmers, learning to use tractors, were the founding pioneers of a new Tibet in exile, that succeeded in holding families together, maintaining our culture, providing livelihoods for a whole generation.
That was more than a generation ago. The situation today is very different, even though we remain exiles, unable to return, with no way of knowing how long we must wait to see our country again. His Holiness the Dalai Lama has often reminded us that we must hope for the best, and prepare for the worst. That has been our guiding principle in seeking to make our agricultural settlements as viable and sustainable as possible, for the long term, if necessary even for generations yet to come.
We now face many challenges. In the past 15 years there has been a fresh influx of Tibetans fleeing across the Himalayas, taking the dangerous midwinter journey as the only way of regaining an authentic Tibetan life. so our population has grown, but the land available for our settlements has not. A high proportion of of those fleeing were nuns or monks. In Tibet they were under intrusive political surveillance inside the monasteries, so the practice of our traditions of mental development is hardly possible. Those who flee usually want more than anything else, to take up a full-time monastic vocation, so we now have a big monastic population to compensate for the heavy restriction on religious freedom inside Tibet.
Those of us who are lay people in no way begrudge the heartfelt wish of so many to become professional virtuosi of inner development. Nor do we begrudge having to support the education of thousands of children brought from Tibet ot our exile system of boarding schools, knowing that inside Tibet a decent education is not possible. Our Tibetan tradition cherishes knowledge, especially inner knowledge of the deepest mental sources of human happiness. Traditionally, Tibet was a knowledge economy, and in exile this has become more so, with a strong emphasis on both traditional and modern knowledge.
The practical consequences is that we have limited leasehold land which, as guests in over-crowded India, can not be expanded, and a high dependency ratio, with many young and old monastics to support. So, our desire to be self-sufficient is yet to be realised, and we continue to need external assistance from compassionate friends around the world.
Eventhough, Tibet remains a conflict unresolved, in the past 40 plus years India has changed greatly, and so too has the world. This affects our settlements in many ways, and challenges our ongoing wish that rural life continue to provide a meaningful life for the new generation. We have adapted to new circumnstannces not once but as a process of lifelong learning Crops and commodities that once were in demand now fetch prices that barely make growing worthwhile. India is part of the global economy and under WTO rules must soon let in a flood of agri-business imports from other countries.
The older generation of Tibetans made many sacrifices to enable their children to get the best education India can offer, and we now have many University graduates, even postgraduates from international Universities who return to serve our people. But how? This is the new challenge, in a rapidly modernising India which has great difficulty in providing employment for graduates
Reponsibility for tackling these challenge is vested in the Central Tibetan Relief Committee or the CTRC, which is registered under Indian law as a not-for-profit Charitable Organisation to co-ordinate all development activities. CTRC, and its parent, the Department of Home in the Central Tibetan Administration, have become the dynamic catalyst of a fresh round of adaptation and innovation for all Tibetan refugee settlements.
This is the story of CTRC - the Central Tibetan Relief Committee - and its initiatives in building a 21st Century sustainable rural livelihood for Tibetans. We want to share our story with you because we need help, ideas, training, transfer of skills and appropriate technologies. We seek your engagement in this process of reinventing an organic agricultural base for our settlements suited to 21st century realities.
