A/51/542 English Page 26 ANNEX II Reply of the Chinese authorities to the follow-up table The Chinese Government attaches great importance to the work of the Special Rapporteur on the question of religious intolerance. It has made a careful and detailed study of the recommendations which he made after his stay in China. The Chinese Government wishes to reply as follows: A. Question of legislation 1. Amendment of the constitutional provisions relating to freedom of religion. Article 36 of the Chinese Constitution provides: "Citizens of the People’s Republic of China shall enjoy freedom of religion and belief. No public body, social group or private individual may compel a citizen to practise or not to practise a religion or discriminate against a citizen who practises or does not practice a religion. The State shall protect normal religious activities. No one may, in practising a religion, engage in activities which endanger public order or the health of citizens or interfere with the system of public education. Religious groups and religious affairs may not be subject to any foreign authority." The Chinese Government believes that this provision guarantees respect for and the protection of freedom of religion and belief and, in particular, protects the right to profess a religion or belief and to engage in normal religious activities, in keeping with the spirit of article 1 of the United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. 2. Adoption of a legal provision explicitly mentioning the freedom of religion of persons under the age of 18. The provisions of the Chinese Constitution and other legislative texts relating to freedom of religion and belief apply to all Chinese citizens, including persons under the age of 18. 3. Adoption of a law recognizing freedom of religion and belief for all, including members of the Chinese Communist Party. The Chinese Constitution provides that citizens of the People’s Republic of China shall enjoy freedom of religion and belief. This freedom encompasses both the right to have a religion and the right not to have one. This basic right, as guaranteed by the Constitution, applies to all Chinese citizens. The Chinese Communist Party is a grouping that professes the theory of materialism. By voluntarily joining the Party, citizens attest that in matters of belief they choose materialism, that is, atheism and not theism. The fact that Communist Party members do not believe in religion does not contradict the principle of freedom of religion and belief. Any member of the Party is free to leave it if he no longer believes in Marxism and starts to practise a religion. State law fully guarantees the right of citizens to choose whether to have a religion or not. /...

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