E/CN.4/1995/91
page 115
Affairs. Article 4 prohibits all activities "which harm national unity,
ethnic unity or the social order, harm citizens’ health or destroy the
national educational system". It also prohibits organizations or individuals
established outside China from exercising any control over religious groups in
China. Article 15 provides that violators of these provisions are liable to
penal sanctions.
On 12 May 1994 the National People’s Congress added 18 new articles to
the January 1987 Regulations Governing Public Order Offences. Three of the
new articles - those relating to "carrying out activities under the name of a
social organization without registration", "organizing activities of
superstitious sects and secret societies to disrupt public order" and
"disturbing public order and damaging people’s health through religious
activities" - affect religious congregations.
2.
Concerns of the Special Rapporteur
During his visit, the Special Rapporteur paid particular attention to the
points analysed in the subsections which follow.
(a)
The right to freedom of belief
(i)
Young people under age 18
The Special Rapporteur asked what were the reasons for the
non-recognition of the right to religious education and belief for young
people under age 18 (which is contrary to the 1981 Declaration and article 14
of the Convention on the Rights of the Child). The authorities stated that
there were no provisions on the subject and that, under the Constitution, all
citizens enjoyed freedom of belief; that provision excluded any restriction.
It was pointed out that, in practice, it was necessary to be over 18 years of
age to become a monk. Non-governmental representatives stated that there were
no provisions either establishing or prohibiting the right of persons under
age 18 to freedom of belief. It was indicated that that right was a private
matter for individuals and that the law encouraged the definition of
responsibilities vis-à-vis society and not vis-à-vis religions. It was also
stated that religious education could not be imparted to young persons under
age 18 in public institutions.
(ii)
Members of the Chinese Communist Party
The Special Rapporteur asked whether freedom of religious belief was not
permitted for members of the Chinese Communist Party. The authorities stated
that the Constitution and the laws provided for freedom of belief for all
citizens, whereas the doctrine of the Communist Party was atheistic. It was
stated that the prohibition existed in theory but that freedom of religious
belief was acceptable among party members from ethnic minorities.
(b)
The right to freedom to manifest one’s religion
Article 36 of the Constitution provides for the right to freedom
of religious belief but not the right to manifest one’s religion as provided
for in the first paragraph of article 1 of the 1981 Declaration. The