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Options For Tibet's Future Political Status: Self-Governance Through An Autonomous Arrangement
By Tibet Justice Center (Eva Herzer). Published by: Tibetan Parliamentary & Policy Research Centre. New Delhi, India, 2002.
5. Post-Agreement Implementation Issues
The best autonomous agreement is worth very little if it is not implemented or if it is violated by the state. Therefore, one of the major concerns in negotiating an autonomous agreement is to structure it in such a way as to minimize future violations and non-compliance by the state. By considering implementation issues up front, future problems may be lessened or avoided. Some of the points to consider include the following:
Meet The Needs of Both Sides
It is essential that the autonomous agreement meets the essential needs of both sides. If it does not, one or the other side may not have the necessary motivation to honor the agreement. This is true for both the people and the state.
Specificity of The Agreement
When agreements are vague or fail specifically to address vital issues, conflicts tend to arise over the meaning and interpretation of the agreement. It is therefore essential that autonomous arrangements are written with great specificity and clarity.
Address Effects of Violations Up Front in The Agreement
As a general rule of contract, when one party substantially fails to comply with an agreement, the other party may rescind and terminate the agreement. It is possible to write provisions into an agreement by which the consequences of specific violations of the agreement are spelled out in advance. This can encourage and contribute to compliance.
Third Party Guarantees
It is possible to involve third parties, such as other states or the UN, in an agreement by making them guarantors. For example, when the Aland Islands were made a part of Finland, it was agreed that the Islands would be a demilitarized zone. Sweden and Russia guaranteed this provision, making it far less likely that Finland would decide to station troops in the Islands in violation of the agreement.
Demilirtarization
In negotiating an autonomous agreement, it may be desirable, as suggested by His Holiness the Dalai Lama, to demilitarize the autonomous region. Alternatively, it may be helpful to agree to a specific reduction of troops and state police forces in the autonomous region.
Peacekeeping As Part of The Agreement
The 1992 UN Peace Agenda recognizes that peacekeeping is just as important as peace making. It encourages the creation of support structures designed to strengthen and solidify peace, in order to prevent relapse into conflict. In negotiating an autonomous agreement, it is possible to agree to implementation measures in the form of the creation of specific institutions, processes or mechanisms. For example, it is often helpful to create institutions such as a judiciary, police force, prosecution and defense, which are in compliance with international law. Similarly, law reform projects can be identified and human rights education can be instituted. Technical assistance and training can be obtained from third parties, such as the UN, states or non-governmental institutions (NGOs).
Monitoring
Monitoring the implementation process of an agreement is very important. An agreement can provide in advance for specific monitoring parties, processes and time lines. Knowing that a third party is observing the process and will be reporting short-comings is a powerful motivation for the parties to implement an agreement. This was done in Guatemala, for example, where a peace agreement was reached between the state and the indigenous people. Spain, the USA, Mexico, Columbia, Venezuela and Norway agreed to monitor the implementation of the agreement.
Conflict Resolution
An autonomous agreement can also specify a conflict resolution process to be used, should either party violate the agreement. This can include international mediation, a process by which a designated third party would assist Tibet and China to reach an agreement on how to resolve a conflict over implementation. Additionally, a body could be set up with representatives from Tibet, China and neutral states, which would be empowered to resolve the conflict. Alternatively, it could be agreed in advance that conflicts be submitted for binding decision to a specific regional or UN body.
While it is impossible to guarantee that an agreement will be honored in all of it aspects, using some of the ideas set forth above can help to minimize the danger of substantial violations. It is therefore important to incorporate implementation and conflict resolution issues into the negotiation process for an autonomous agreement.
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