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.

Select target paragraph3