E/CN.4/1995/91 page 113 During his visits, the Special Rapporteur recalled and explained the mandate assigned to him by the United Nations Commission on Human Rights, namely to ensure the implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. To that end, he outlined the 1981 Declaration and its operative provisions (recognition of freedom of belief and the right to manifest that belief; definition of the concept of tolerance and non-discrimination in relation to religion or belief; definition of the precise content of freedom of religion; the limitations provided for; and strict conditions of implementation). The Special Rapporteur laid stress on the principles of independence and objectivity governing the execution of his mandate and his visit to China and recalled the relevant paragraphs of the conclusions and recommendations contained in his report to the fiftieth session of the Commission on Human Rights (E/CN.4/1994/18, paras. 94-97). Explaining the purpose of his visit, the Rapporteur stated that he was seeking to arrive at a better knowledge, understanding and analysis of China and a constructive dialogue with all the parties, with a view to promoting human rights in the field of freedom of religion and strengthening and developing cooperation between China and the Special Rapporteur in a spirit of respect and mutual assistance. Leaving aside all accusations and judgements, and taking fully into account the complex realities of China, the Special Rapporteur conducted exchanges of views, collected information and sought clarifications through talks in which both general and specific allegations and questions were presented. In particular, he referred to two aspects - firstly, legislation and its implementation and China’s policy on tolerance and non-discrimination in relation to religion or belief; and secondly, specific cases concerning which allegations had been made. With regard to the first aspect, the Special Rapporteur examined with the other parties to the discussions, the desirability of certain concrete proposals and recommendations. Regarding the second aspect, he called for the release of the worshippers and clergy who were the subject of the allegation transmitted to the Government of China on 25 November 1993 and of new allegations communicated during his visit (see appendix 1). C. Legislation in the field of tolerance and non-discrimination in relation to religion or belief 1. Legislation currently in force Article 36 of the Chinese Constitution reads as follows: "Citizens of the People’s Republic of China enjoy freedom of religious belief. No State organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The State protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the State.

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