Tla magazine

བོད་མིའི་ཁྲིམས་ལུགས་རིག་པ་བའི་ཚོགས་པ། Tibetan Legal Association

(Registered under the Karnataka Societies Registration Act XVII of 1960)

Volumn-I

Issue Date: December 10, 2016

“Those underprivileged and people in distress do not have access to justice due to financial constraints. They are oppressed and bullied by the people with money and power. For those poor and destitute, its necessary to have lawyers to provide them justice that they deserve.

His Holiness the 14th Dalai Lama

Lack of legal education within the Tibetan Diaspora is one of the key impediments in empowering the Tibetans in exile. The Tibetan Legal Association’s (to be referred as TLA henceforth) recent legal surveys in few Tibetan settlements and educational Participants of the Tibetan Legal fraternity centers in India testified to the fact that the level of understanding of Tibetans, even on conference having private audience with His Holiness the 14th Dalai Lama on 29th June 2013 rudimentary legal processes of the host country (India), is painfully low. This serious lack of legal awareness not only contributes to various social, economic, and political problems for Tibetan refugees in India but it also impedes them in effectively contributing to the nascent exile Tibetan democracy. The case is not so different with Tibetans in Tibet under Chinese rule. A focus-group discussion conducted by TLA with some new-arrivals from Tibet indicated that their understanding on rule of law is minimal, yet they showed strong interest in legal education. The same discussion also revealed that many of them are ill-informed about democracy and its processes. To address these issues, TLA has conducted a series of activities since its inception to spread legal awaress. The impacts of these activities have encouraged TLA to further increase and intensify our campaign to benefit as many Tibetans as possible, both in and outside Tibet

Organizational Background

Tibetan Legal fraternity after its maiding conference in Dharamsala, having private audience with His Holiness the 14th Dalai Lama on The importance of forming an association of Tibetan legal practitioners was promul29th June 2013

gated by His Holiness the 14th Dalai Lama. The Tibetan Legal Association, (TLA) a non-governmental organization was formally formed with forty–one participants of Tibetan lawyers, law graduates, and law students during the the Tibetan Legal Fraternity Conference organized by Tibetan Supreme Justice Commission on 28 June 2013, Dharamsala. The Association was registered under the Karnataka Societies Registration Act, 1960 on July 23rd 2014 subject to its renewal annually. Owing to various other challenges, TLA delayed in opening its office. But, with the generious supports of The Tibet Fund and Tso Pema Non-profit, TLA oppened it’s office at Dharamsala on March 1st 2016 in Dharamsala . Currently TLA has approximately 70 members both from India and abroad, the ordinary membership is limited only to Tibetan law students and the legal luminaries from the Tibetan Society.

Tibetan Legal Association staff having audience with His Holiness the 14th Dalai Lama TLA is the first ever kind of association of Tibetan lawyers in the history of Tibetans on 3rd November 2016

in exle.

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Tibetan Legal Association

Volumn-I Issue date: December 10, 2016

Goals/objectives: With the guidance of His Holiness the 14th Dalai Lama, the objectives of the TLA was accordingly formulated.

The main objective is to give free legal aid and services, ie to provide lawyers service free of cost .

His Holiness specifically said to the members of the Legal fraternity that TLA should help even the underpreviledged Indians needing legal protection and in order to expose the cause of Tibet, should focus on the study and research of chinese law and hold symposium by inviting the international and chinese scholars and judges.

The overall goals/objectives of TLA, as formulated in the Legal Fraternity Conference and its Memorandum, are as follows: A. To provide legal aid on pro-bono basis to Tibetans-in-exile, and endeavor to provide legal services/lawyers to underprivileged Tibetans and Indians requiring legal protection.

B. To provide legal advice and workshops from time to time to members of the association, schools, monasteries, nongovernmental organizations, civil servants of the Central Tibetan Administration, general public, etc., thereby enhancing the knowledge on law and enabling individuals and the community to present/argue their rights in accordance with legal procedures.

C. To render legal service & advice to the Central Tibetan Administration as and when referred.

D. To conduct studies on national and international law and work towards translation of major laws into Tibetan language by periodic publication on news letters, pamphlets etc

E. To develop a dictionary of legal terms and terminology in the Tibetan language and to organize seminars, symposiums etc F. To conduct research on the laws and practices of countries relevant to Tibet and with special focus on the People’s Republic of China and to espouse the cause of Tibet before the international forum from the legal point of view.

G. To work in colloboration with the local, regional, and international entities/organizations with similkar objectives.

H. To create a forum exploring career opportunities for the tibetan lawyers.

Free Legal Services rendered by TLA so far: Since the inception of the office, TLA has assisted as many as 90 Tibetans (including foreigner) on various legal matters . These services include giving legal opinions & advices, drafting of affidavits and pleadings of the cases, problems related to Identity Certificate (IC), Registration Certificate (RC) and Passport, appearance before the Police Station, Judicial Magistrates, representation before the Tibetan authorities like Justice Commission, Settlement Officers, making documents- affidavits, drafting of the cases, assisting in the visa process /immigration documentation & translations, Identity Certificate (IC) , representation before the Juvenile Justice Board to stay the deportation of a Tibetan refugee due to lack of registration Certificate (RC), and matters like change of name and date of birth in RC, registration of marriage and divorces, registration of shops, Application for registration of Trademarks, etc All these services are rendered free of cost thus far.

Tibetan Legal Association

Volumn-I Issue date: December 10, 2016

Legal Survey at the various Tibetan Settlements in the South India: (22nd July-2nd Aug 2016)

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TLA conducted Survey of the legal challenges in Tibetan community by interviewing the Settlement officers, managers of the Cooperative Society, Monasteries, and general public to elicit the legal problems in the Tibetan Society. The President of TLA, Mr. Lobsang Dakpa, along with Ms. Namgyal Tsekey and Mr. Kunsang Topden were the team members and interviews were recorded by TLA.

One of the main problems in the Tibetan community are the lack of legal knowledge, lack of Tibetan lawyers, lack of basic understanding of laws of India, especially criminal laws, law of income tax; banking law; traffic rules etc; and some particular problems of Foreigners Registration certificate (RC); Identity Certificate (IC) and of interpretation and application of Tibetan Rehabilitation Policy, 2014. The detailed Report was submitted to Tibetan Supreme Justice Commission, Tibetan Parliament, and Tibetan Kashag Secretariat of the Central Tibetan Administration on 31st August 2016. In its Report, TLA proposed to the CTA to establish a standing Tibetan lawyer at each settlement in the south to advise and assist the settlement office and the general public and to make a provision to nominate a Justice Commisisoner with the law background in order to inculcate a faith in the judiciary by the general public.

Legal awareness sessions for the Tibetans inside Tibet One of TLA’s main objectives is to provide legal awareness to the Tibetans both in and outside Tibet by using social media and physical presence, wherever possible, to give workshops, trainings, speeches and discussions.

Recently in the past few years the percentage of Tibetans going back to Tibet has been on the increase, especially monks and nuns; hence we have planned to focus on the monasteries and nunneries, schools and general public, wherever there are large concentrations of Tibetans who are from Tibet and whose families are in Tibet because these people will be more likely to return to Tibet. We think to give them more awareness about the rule of law and legal information, then at least they can take those ideas back to Tibet and apply them in Tibet as well as disseminate in Tibet.

Through previous discussions with new escapees from Tibet, we have come to know that many Geshes(monks who have done doctorate in Buddhist studies) and other monks have introduced many reforms in their monasteries in terms of their study curriculums, management, etc A large proportion of the Tibetan refugees in India (or abroad) have come from Tibet, leaving their families behind. There is a special arrangement by the Chinese government that permits these Tibetans to go back and meet their families (more than on humanitarian grounds, this is a political arrangement by the Chinese government to acquire information on the Tibetan exile government and other classified information on the Tibetan cause as nobody escapes the assured rigorous interrogations upon arriving there). Observing the number and composition of such applicants for visas at the Chinese embassy in New Delhi, monks, nuns, students and general public account for large portion of it. herefore, focusing on these groups is crucial too to promote legal awareness inside Tibet.

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Tibetan Legal Association

Volumn-I Issue date: December 10, 2016

Legal awareness programs at Tibetan Children Village Schools

Tibetans in India are comprised of elderly people, youth and children. Many have settled around different parts of India and absorbed in their own surroundings. But at times owing to the lack of awareness and knowledge, Tibetans find themselves in legal problems.

The number of Tibetans in India are school going children and youth .Educating the young minds with basic ideas on law is crucial. TLA has visited five different Tibetan schools in Dharamsala to educate them on basic laws necessary in their everyday life.

Legal awareness program was organized at various TCV Schools in Dharamsala from 17th to 23rd August 2016 and TCV Bylakuppe on 2nd August 2016. TLA successfully educated almost 2500 students in various schools.

Following are the Tibetan Schools; the TLA has visited as part of legal awareness program: We had the following objectives behind conducting this legal awareness program: • To inform the school children, teachers and the staff of the basic legal procedures and how to deal with legal problems in daily life and laws relevant to the Tibetans and the children in particular..

• To inform them about the importance of keeping correct Date of Birth and name spell in various documents and how to rectify the mistakes in time in accordance with the law.

The Resource persons were Mr. Lobsang Dakpa (Lawyer/President), Mr. Kunsang Topden (Advocate) and Mr. Tsering Ngodup (Advocate), Ms. Ashley Hill, (intern). They covered various topics of law related to day to day life which is relevant to their understanding and capacity, such as First Information Report (FIR), Affidavit, Right to Information (RTI) and offences along with examples of the recent cases handled by TLA. Ms. Ashley Hill, an intern from a Canadian law school, spoke on the importance of law and the law making process.

In this process of providing legal awareness to various Tibetan Children’s Schools in Himachal Pradesh ranged from 6th standard to 12th standard followed by questions from the masses, TLA came to the understanding that, in fact in Tibetan community, so far law is the remotest topic of discussion and Tibetans tend to distance themselves from law, but meanwhile people are ready to learn about it whenever possible because of its importance and the misfortunes it might likely to bring if devoid of such knowledge. Over the years, many Tibetans in exile have had practically been a victim of such encounter.

Tibetan Legal Association

Volumn-I Issue date: December 10, 2016

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Various topics the TLA has covered in this two-hour-long session in each school, of which has received immense appreciation and acknowledgment from the school administration as well as from the students. It was further promised that the school administration will always be ready to share the stage and welcome us for any other future program TLA may conduct. Many have complemented that this is the typical kind of organization which was anticipated by the exiled community till now to guide them legally, redress their everyday documentation related problems and other legal issues.

Legal awareness program at nunneries in Dharamsala The Tibetan society has the notion that sexual violence is undoubtedly an unlawful act of violence. Therefore, a heinous crime as such is never hidden or compromised. Furthmore, victims of sexual violence have legal agency and are protected by the Supreme Court of India.

Tibetan Nuns are not aware of the crimes against women of which occur on a daily basis in todays current Indian Society. Many women are not knowledgeable of laws on violence protecting women and how to assert and exercise these basic human rights.

With this background, the Tibetan Legal Association conducted two hours legal awareness program at various Tibetan Nunneries around Dharamsala on topics of law and women, crime against women, women’s rights under Indian Constitution and Fundamental Rights available to Tibetans as foreigners, laws relating to the Registration of Foreigners and Identity certificate, Affidavits and FIR along with example of cases handled by TLA so far. The Resource persons were Mr. Lobsang Dakpa, President of TLA, Mr. Kunsang Topden; Advocate, Mrs. Dickyi Peldon, legal staff and Ms. Yama Choezom as a law graduate and volunteer.

• The objectives behind conducting this legal awareness program are: • To educate the nuns about crimes against women, women’s safety and how to protect oneself.

• To convince them the importance of documents such as Registration Certificate (RC) and Identity Certificate (IC) with actual illustrations handled by TLA.

The TLA has successfully educated almost 300 nuns and staff from four different nunneries over the subjects relevant to their day to day life, including the recent demonetization policy of Indian government.

The images below were taken at the nunneries the TLA visited as part of Legal Awareness Program:

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Tibetan Legal Association

Volumn-I Issue date: December 10, 2016

President of TLA speaks on JSS Law College Orientation Day

Legal Discussion on General Meeting at Mysore on 30th July 2016

TLA President was invited to JSS Law College Orientation day

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“ o things that make you happy within the confines of the legal system.”

Members of TLA in South India

― Ellen DeGeneres, Seriously... I’m Kidding

Tibetan Legal Association

Participating Tibetan Lawyers on TLA Annual General Meeting at Mysore on 30th July 2016

Volumn-I Issue date: December 10, 2016

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Newly elected Executive Members of TLA and Mysore Regional Chapter

Newly elected executive members of TLA Bangalore Regional chapter

TLA Annual General Meeting at Mysore on 30th July 2016

TLA Advocates meet with SP of Dharamsala regarding RC matters

Legal Awareness workshop at Lilamangala Tibetan vocational Center Bangalore in 2014

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Tibetan Legal Association

Volumn-I Issue date: December 10, 2016 “You people are the creamy layers of our society poised with legal knowledge, its very precious.”

by His Holiness the 14th 2013 on the audience conference participants

Dalai Lama on 29th June with Tibetan legal fraternity

Tibet’s Stateless Nationals III 2016: The Status of Tibetan Refugee in India, A report by Tibet Justice Center, with the support of Tibetan Legal Association, and Boston University School of Law’s International Human Rights Clinic.

Collaboration with Tibet Justice Centre: TLA in collaboration with TJC has conducted a interactive legal meet at Hotel Tibet, Mcleod Ganj, Dharamsala in October of 2015 and has further participated and assisted in their research work regarding the status of Tibetans in exile.

The Report: Tibet’s Stateless Nationals III: The Status of Tibetan Refugees in India- published by the Tibet Justice Center, with Support of Tibetan Legal Association and Boston University’s school of Laws International Human Rights Clinic available at ttp://www.tibetjustice.org/wp-content/uploads/2016/09/TJCIndiaReport2016.pdf

Some of the cases handeled by TLA are detailed as follows:

Criminal cases TLA lawyer assisted one Tibetan named Tsering Topgyal, with regard to cyber crime, cheating and identity theft. On 24.02.2016 and 29.04.2016, Mr. Tsering Topgyal who is a cook by occupation in the Mewoen Tsuglag Petoen School, District Kangra, Himachal Pradesh had received notices from the Kesar Bagh Police Station, Lucknow in relation to FIR being lodged against him under section 420 of IPC and section 66 of Information Technology Act. Mr. Tsering Topgyal is completely illiterate and does not know any other languages except his mother tongue, which is Tibetan language. TLA advocate Mr. Kunsang Topden along with one staff of TLA Mr. Jampa Damdul assisted and accompanied him Kesar Bagh Police station in Lucknow.

On 13.05.2016 after attending the concerned Investigation Officer of the matter Shri Ram at Kesar Bagh Police Station in Lucknow, we have come to the knowledge that one Mr. Udhay Shankar Shrivastava, who is the complainant has filed a FIR before the Kesar Bagh police station dated 24.07.2015 with regard to the loss of amount 56,000 rupees from his bank account after a repeated fraudelent calls, which he received from one number (9805163438) claiming to be that of the agent from his bank branch office. Following this, the police started tracing the owner of the said number and on enquiry from the telecom department, the detailed information of the address and the name was shown as Mr.Tsering Topgyal R/o Near Radh

Tibetan Legal Association

Volumn-I Issue date: December 10, 2016

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Swami Satsang Beas, Petoen School Khanyara Road, Dharamsala.

TLA Lawyer Mr. Kunsang Topden assited Mr. Tsering Topgyal before the Police Station at Lucknow, and explained the siuation to the police officer that Mr. Tsering Topgyal is innocent as he is uneducated with no knowledge in either Hindi or English Language. It was explained orally as well as through written statements that he has lost his previous sim card bearing number 9736147509 and in the process of acquiring a new sim card, he has further lost a copy of his Aadhaar card and such loss wasn’t reported anywhere due to sheer ignorance.

The specific individual who committed such crime might have used his lost Aadhaar card copy and procured a new sim card under his name and committed such crime, making him responsible.

Since Mr. Tsering Topgyal can’t speak Hindi, his part of statement was translated to IO Mr. Shri Ram by Advocate Kunsang Topde. After explaining to the officer that he is a Tibetan refugee who came from Tibet and has been working at the Tibetan school called Petoen school in Dharamsala for almost 10 years, the IO was convinced that this was a typical case of cyber crime, involving both impersonation and identity theft. The IO, Mr. Shri Ram accepted the written statement from Advocate Kunsang Topden signed by the party. Further, an affidavit stating his innocence and unawareness of the whole cyber crime situation, along with his application for his allegiance and non violations of Section 41A of Criminal Procedure Code with the procedure involving with both the police incharge and the whole judicial process in days to come has been filed and accepted.

Criminal Defamation: On 9th May 2016, Ven. Tashi Gyalpo received a notice under Section 41A of Criminal Procedure Code to appear before the Station House Officer, Mcloedganj for the complaint filed by the ‘Dhotoe Cholka Welfare Society’. A monk and a PGT teacher at CHICS at West Kameng in Arunachal Pradesh were victims of hate speech which was also directed towards the Tenshug offering to His Holiness the XIV Dalai lama. The accused, Ven.Tashi Gyalpo complied with the said notices issued by the police and apppeared with the assistance of TLA advocate Mr. Kunsang Topden on 30th May and 2nd June, but due to the absence of co-complainants the matter was postponed not only once but thrice. On 6th June, the accused in the presence of TLA lawyer made the statements that there is no material evidence of the accused involvement in the derogatory statement made against the ‘Dhotoe Cholkha Welfare Society’. The matter was finally disposed, based on the fact that there was no substantial evidence about the allegations made against the Ven. Tashi Gyalpo in relation to the charges of non-cognizable offence, defamation which falls under sections 499 and 500 of the Indian Penal Code.

MATRIMONIAL CASES The TLA has so far successfully assisted in registration of marriage for four Tibetan couples and one Indian couple, free of cost.

Unfortunately the problem is that although the law states that the live-in relation does not amount to marrige, Tibetans consider themselves married when they start to live in together and before registering their marrige, the parties write their status as married in the application forms and therefore these ‘couple’ end up in problematic situations, such as the case that follows.

• A client named Mrs. Tenzin Chonzom,who is currently studying at Tibetan Children’s Village School approached TLA office on 23.08.1206. Mrs. Tenzin Chonzom while applying for her Identity Certificate, which is issued to Tibetans in India by the Indian government in lieu of passport as travel document, had inadvertently mentioned the name of her then live-in-relationship partner Mr. Tsering Tashi as her spouse in early 1990s. Later in the year 2003, they got separated amicably and went on with their own lives. They had a son out of the live-in-relationship who is currently 21-years-old. The live-in-relationship partners neither performed any marital ceremonies nor registered their marriage before any competent authorities.• In 2004,

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Tibetan Legal Association

Volumn-I Issue date: December 10, 2016 Mrs. Tenzin Chonzom legally married Mr. Tsewang Dorjee according to Tibetan with customary practices and rituals. In addition they got their marriage legally registered before the Marraige Registrar cum Sub-Divisional Magistrate (SDM) in Dharamsala Tehsil in Himachal Pradesh on 13.03.2013. Out of their wedlock a daughter was born who is at present 10 years old.

• The husband is presently in Europe and the family is eventually going to join him and immigrate to Europe, but due to the mentioning of the name of previous partner as the spouse in Identity Certificate, Her IC could not be released and she was asked to produce a divorce certificate with her former partner so as to prove that her marriage with her husband Mr. Tsewang

Dorjee as legal. There is no provision for divorce and therefore, obtaining a divorce is futile.

• Thus on 19-09-2016, TLA lawyer filed a petition before the executive Magistrate by submiting a detailed researched note on the legal status of live-in-relationship in India and the judgment of the honourable courts, with necessary documents and affidavits to declare her relationship with a former partner as a live-in-relationship rather than marriage . Furthermore, she had inadvertently recorded his name as her spouse and to declare her present status as lawfully married to her present husband and the Order was accordingly passed on 21.11.2016 confirming has status as declared.

Election Dispute before the TSJC

• In Tashi Yangzom & Ors Versus Lobsang Sangay and Election Commisison, CTA , TSJC Case no 19/2016, wherein, the plaintiff filed a Election petition before the Tibetan Supreme Justice Commission on 15.4.2016 alleging the violation of election rules by using the wrong name & identity by the Sikyong candidate which is different from the candidate’s Green Book. The TLA lawyers represented the defendants and presented a petition for dismissal of case on various preliminary grounds such as non exhaustion of local remedies before filing a case, non fulfillment of mandatory requirement of an adjudication of an election dispute by election The Lawyers of TLA announcing and reading the Order commission before filing a case before TSJC, and non fulfillment of the TSJC of the dismissal of the case against the Inof requirement of one month notice in case of suit against CTA, and cumbent Sikyong and election Commission on 17.5.2016 also the lack of documents in the plaintiffs’ petition showing the exhaustion of remedy before the election commission which was not duly filed. The TSJC finally dismissed the case on 17.5.2016 when the plaintiffs could not produce the documents of their alleged petition before the election commission and the case was dismissed and declared as Res judicata. .

Immigration Matters

TLA assisted in a number of cases where the visa applications for immigration are either rejected by the consular office of the respective country, or when there is some problem likely to occur, by compiling a file with facts with corroborating evidence along with a researched note on the relevant laws and international conventions which over rule the reasons for their rejection and thus obtained visa and successfully reunited with the family. In Re Yangchen Lobhum Matter: On 5th February 2016, the France Embassy at Delhi sent a decision rejecting her immigration visa on the ground that her visa application files do not contain any concrete proof of her common life with Mr. Lobhum Khangsar. it appear that there is some confusion about the family links.

She approached the TLA office who made the entire files Application by translating and attesting the Marriage certificate issued by the China, birth certificate of her two children and issued a supporting letter . On appeal , the administrative court ordered the embassy to issue a visa and also apologized to the family. TLA assisted the family as translator before the embassy on 7th October 2016 while collecting the visa.

Tibetan Legal Association

Volumn-I Issue date: December 10, 2016

Civil Matters:

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The Tibetans had served in the Indian army as 22 Army . Many have retired and passed away leaving the heir without registering their wife’s name in the army records. Now the pension has been released backdated and family faces problems due to mistakes in the name spell, or lack of marriage certificate or due to omission to write the second wife name etc. At least four such cases had come and TLA has assisted them with the rectification of name spell of the deceased father whose name spell in the marriage certificate and RC does not match with the name spell in the army record, affidavit of marriage, procured a legal heir certificate and change of name spell even in death certificate of the deceased army personnel and compiling the application file for the claim of pension. In Re Ama Tsering Sangmo matter: Her claim for the benefits as wife of her deceased husband Thutop was rejected once before she came to TLA, and TLA compiled her application with documents and sent on 19.5.2016 which was rejected for discrepancy in her husband death certificate and asked for original marriage certificate. TLA has now compiled and filed a complete new application file containing all the rectified documents and sent on 10.11.2016. TLA procured her legal heir certificate from executive magistrate Dharamsala in lieu of marriage certificate as the marriage can be registered only in the presence of both husband and wife.

TLA lawyers are assisting in the case where a Tibetan minor student is charged for violation of Foreigners Act 1939 due to lack of RC . The only concern for TLA is to argue the principle of non refoulment, and obtain the stay order as there is a imminent threat of deportation to Tibet or Nepal . The matter is pending before the Juvenile Justice Board and therefore a sub judice.

REGIONAL CHAPTER ESTABLISHED -MYSORE/BANGALORE Since TLA main office is stationed in Dharamsala, it was essential to establish a Regional Chapter located at the southern region so that Tibetans at five settlements in the South can contact and connect with the Regional Chapter of TLA for any legal problems. Therefore, it was decided on 31.7.2016 to establish Regional Chapters at Mysore and Bangalore for a one year term .

The Regional Chapter,Mysore has so far conducted few legal awareness program at near by TCV School at Bylakuppe and conduct discussion on the Tibetan Charter at Mysore.

Conclusion

As was mentioned in the objectives of the Organization, the paramount goal of the TLA is to instill in every Tibetans, the most basic knowledge of law and get themselves familiarize with what law does, and how to protect themselves and motivate them not to leave the subject of law alone to the courts and legal profession but also to themselves.

Tibetan Legal Association is confident that we could do a lot better for the service of the community, be it redressing law related problems in the community free of cost or providing legal awareness to the Community .

Mr.Kunsang Topden (Advocate,Secretary of TLA)

Ms. Namgyal Tsekey (Advocate,Treasurer of TLA)

Mr.Bob Ankerson (President of Tibet Fund) Mr. Lobsang Dakpa (Lawyer, President of TLA)

Ms. Yama Choezom (Lawyer, Volunteer) e Ms.Diky Peldon (Lawyer,Staff of TLA)

Mr. Mickey Lemle (Chairman of Tibet Fund)

Ms.Tenzin Yangzom (Staff of TLA)

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