E/CN.4/1995/91
page 116
Special Rapporteur asked the Chinese authorities whether they were considering
the possibility of an amendment to article 36 of the Constitution in order to
guarantee respect of the freedom to manifest one’s religion. The authorities
stated that the Constitution was the basic law, laying down an extremely
comprehensive set of principles, whereas the details were regulated by laws,
codes and decrees. The authorities went on to state that the right to freedom
to manifest one’s religion existed in practice. Non-governmental
representatives stated that citizens were free to believe or not to believe
and that it was therefore preferable not to have constitutional provisions
relating to freedom to manifest one’s religion. Representatives of the
religious groups added that in China the concept of "mutual respect" was
preferred to that of "freedom to manifest one’s religion".
(c)
The practice of religion
(i)
Proselytism
The Special Rapporteur sought to learn more concerning the conditions
under which proselytizing activities were carried on by Chinese and by
foreigners. The authorities stated that the right to freedom of belief and to
manifest one’s belief had to be exercised within the framework of the
Constitution and the laws, and in particular the right to carry on normal
religious activities in places of worship. It was also pointed out, firstly,
that meetings in public places required the prior authorization of the public
security authorities in accordance with the Demonstrations Act, and secondly,
that the public security authorities treated demonstrations of a religious
character on an equal footing with demonstrations of other kinds.
As regards proselytizing activities carried on by non-Chinese, the
authorities referred to the new Decree No. 144. It was pointed out that any
unauthorized assembly of a large number of persons constituted a breach of the
law, as did any assembly directed by foreigners, as such an assembly would be
incompatible with the status of tourists and the decrees and regulations
concerning entry to and exit from Chinese territory. Non-governmental
representatives also indicated that foreigners had had occasion to conduct
religious activities in China, particularly within churches.
(ii)
The concept of normal and abnormal religious activities
The Special Rapporteur sought information on the criteria defining the
concepts of normal and abnormal religious activities. The authorities replied
that normal religious activities were provided for, prescribed and protected
by the Constitution and by laws and regulations (including Decrees Nos. 144
and 145) and that religious activities which failed to comply with those
instruments were considered abnormal. The representatives of the Ministry of
Public Security stated that the practice of a religion at home, and the
classification of it, had not always been treated uniformly.
(iii)
Registration for the practice of a religion
The Special Rapporteur asked whether believers were required to register
in order actually to practise their religion. The authorities stated that
registration concerned religious associations and places of worship, but not
individual believers or meetings within families.