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page 131
imprisoned lamas have the necessary religious knowledge. Mr. Yulo Dawa
Tsering expressed concern on two matters, firstly, the fact that monks jailed
for demonstrating and poster campaigns were excluded from places of worship
upon their release and, secondly, the international community’s concept
of the history of Tibet. He also voiced his disquiet over the fate of
Mr. Lobsang Tenzin, imprisoned for having attempted to hand over a letter
addressed to an ambassador which had been intercepted by an interpreter. He
concluded by expressing his hopes regarding the international community, in
particular, should his meeting with the Special Rapporteur have negative
consequences for him.
c.
Restrictions
The Special Rapporteur transmitted to the Chinese authorities information
on cases of members of religious orders and believers in Shanghai and in the
provinces of Hebei, Henan and Fujian who were subjected to restrictions,
(restriction of movement, surveillance by the police, loss of political
rights), (see appendix 1). In their reply (see appendix 2), the authorities
informed the Special Rapporteur that no restrictions existed. With regard to
the Tibet Autonomous Region, the Commission on Ethnic and Religious Affairs of
the Tibet Autonomous Region confirmed that Tibetan nuns and monks who had
served their sentences were prohibited from returning to any place of worship
(convent or monastery) if the acts of which they had been convicted
constituted counter-revolutionary crimes, (such as demonstrating for Tibetan
independence). According to the authorities, this measure was intended to
prevent breaches of public order in places of worship and did not apply to
those convicted of ordinary crimes.
E.
Conclusions and recommendations
The Special Rapporteur’s visit to China afforded a better understanding
of the present situation in that country. Through all the information
received from various governmental and non-governmental sources and from
various talks and visits, he was able to observe some developments in the
human-rights situation in China, especially as far as tolerance of and
non-discrimination against religion or belief were concerned. Some aspects of
these developments represent progress, while others call for correction and
improvement.
The Special Rapporteur is aware of the complexity of the situation in
China, a vast, densely populated, multi-religious, multi-ethnic territory
which has to come terms with and reconcile many factors, or even
contradictions, such as the atheism and marxist doctrine espoused by most of
the population, the spread of religious movements, and the need to strike a
balance between non-interference and national political sensibilities on the
one hand and the requisite respect for human rights on the other. During his
visit, the Special Rapporteur was therefore able to perceive the beginnings of
a trend which should become one of steady change, accommodating itself to, and
thus unhindered by, the passage of time. It must bring changes in legislation
on religious freedom and its application, as well as in policy on the matter.
The Special Rapporteur believes that substantial progress has been made
in the field of laws on religious freedom. Article 147 of the Penal Code