E/CN.4/1995/91 page 132 punishing all violations committed by State officials is important and the Special Rapporteur likewise considers the promulgation of two Council of State decrees, Nos. 144 and 147, to be a step forward, despite some legal ambiguities and an apparent sensitivity to the outside world. The Special Rapporteur regards these new regulations as transitional measures in a process leading to gradual improvement. In this context, the Special Rapporteur wishes to submit the following recommendations, based on a study of Chinese legislation and the talks held on this subject with various people in China. With regard to the right of freedom to manifest one’s religion, the Special Rapporteur recommends that amendments be made to the pertinent legal texts, such as article 36 of the Constitution, so as to provide a constitutional guarantee of respect for freedom to manifest one’s religion or belief in accordance with article 1, paragraph 1, of the 1981 Declaration. With regard to the right of persons under the age of 18 to freedom of belief, the Special Rapporteur recommends that steps be taken to adopt a provision explicitly mentioning this right, so as to ensure the requisite compliance with the Convention on the Rights of the Child, especially article 14, which was ratified by China on 2 March 1992. The Special Rapporteur further recommends the adoption of a text recognizing the right to freedom of belief and freedom to manifest one’s belief for all, including members of the Communist Party and other socio-political organizations. With reference to places of worship, the Special Rapporteur recommends that the notion of a "fixed place" (para. 2 of decree No. 145) be defined so as to clarify legally the particular terms, conditions and restrictions applying to worship at home. The Rapporteur recommends a more precise definition of the criteria for the registration of places of worship, especially the number of believers and the qualifications of members of religious orders. Lastly, with regard to religious freedom in general, the Special Rapporteur recommends the introduction in the medium term of a law on religious freedom, so as to harmonize all the pertinent legal texts, remedy legal ambiguities and, in keeping with established international standards, overcome the particular fears and sensitivities prompted by the distinction between nationals and foreigners. The Special Rapporteur was encouraged to note a political determination to apply legislation and policy in the field of tolerance of and non-discrimination against religion and belief, despite some practical monitoring difficulties. In particular, some adjustment of traditions and modes of behaviour seems to be needed if a new culture among administrative and prison authorities is gradually to take shape. Of course, this aim cannot be achieved in the immediate future. Nevertheless, the Chinese authorities could begin by clearly showing the way to reduce and combat abnormal situations and excesses. There is a risk that if an administration has discretionary power of judgement, this can degenerate into arbitrariness. Endeavours must therefore be made to ensure that progress in legislation on