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105.
The Special Rapporteur brought to the attention of the Government
additional information received on the situation of Pastor Cai Zhuohua, a house
church leader in Beijing, who, on 8 November 2005, was sentenced to three years
imprisonment on charges relating to illegal business practices. The sentence was
handed down by the People’s Court of Haidian District, Beijing. According to the
information received, the charges were made following the discovery of 200,000
copies of the bible and other Christian literature in his possession. Pastor Cai
Zhuohua's wife, Xiao Yunfei, brother in law, Xiao Gaowen, and sister in law, Hu
Jinyun, were also found guilty at the same proceedings. On 11 September 2004,
Pastor Cai Zhuohua was arrested by three plain-clothed State Security officers. There
were concerns that Pastor Cai Zhuohua was subjected to electric shocks whilst he was
in pre-trial detention.
106.
Pastor Cai Zhuohua was the subject of a previous letter sent by the Special
Rapporteur on Freedom of Religion or Belief on 29 November 2004.
Observations
107.
The Special Rapporteur is grateful for the Government’s responses. She
would like to take this opportunity to remind the Government of the concluding
observations adopted by the Committee on the Rights of the Child on 24 November
2005 further to the second periodic report submitted by China (CRC/C/CHN/CO/2).
In paragraph 44, the Committee stated that, “[w]hile noting the adoption of the
Regional Ethnic Autonomy Act in 2001, which guarantees freedom of religion for
ethnic minorities in mainland China, [it] is concerned about reports that children, in
particular Tibetan Buddhist, Uighur and Hui children, have been restricted in studying
and practising their religion, and in some cases have been detained for participating in
religious activities. It is also concerned at reports that children of families practising
their religion, notably the Falun Gong, are subject to harassment, threats and other
negative actions, including re-education through labour. The Committee notes the
information provided about the Gedhun Choekyi Nyima, but remains concerned that it
has not yet been possible to have this information confirmed by an independent
expert.” In relation to this observation the Committee in paragraph 45 recommends
that “the State party take all necessary measures to ensure the full implementation of
the Regional Ethnic Autonomy Act. In particular, the Committee recommends that
the State party:
(a) Enact legislation explicitly guaranteeing freedom of religion for those
under 18 that is not tied to a limited number of recognized faiths, and which
respects the rights and duties of parents to give guidance to their children in
the exercise of their rights in this rega rd in a manner consistent with the
evolving capacities of the child;
(b)Repeal any ban instituted by local authorities on children of any age from
participating in Tibetan religious festivals or receiving religious education;
(c)Repeal any ban instituted by local authorities on children of any age from
attending mosques or receiving religious education throughout the
mainland;
(d) Take all necessary measures to ensure that children may choose whether
to participate in classes on religion or atheism;