A/HRC/13/40/Add.1 6. (a) Communication sent on 5 August 2009 Allegations transmitted to the Government 50. The Special Rapporteur brought to the attention of the Government information she had received regarding the draft legislation on children’s freedom of religion being considered in the Xinjiang Uighur Autonomous Region. Reportedly, the regional government of the Xinjiang Uighur Autonomous Region was actively considering a draft legislation that would strengthen the existing legal restrictions on children’s freedom of religion or belief and parent’s freedom to impart religious education to their children. The draft legislation would build on the 1993 Implementing Measures for the Law on the Protection of Minors currently in force in the Xinjiang Uighur Autonomous Region which provides that “parents or other guardians may not permit minors to be engaged in religious activities”. 51. The draft legislation under consideration would allegedly include provisions indicating that “no organisation or individual may lure or force minors to participate in religious activities or use religion to obstruct minors’ compulsory education”. Where minors are “lured” or “forced” into such activities, the draft legislation provides that children “can ask for protection from schools, neighbourhood committees, village committees, offices for the protection of minors or public security organs. Such organisations or work units receiving requests for help must take measures in a timely manner and not refuse or shift responsibility”. 52. While respecting the need to legislate on the question of freedom of religion or belief in order to protect children from exploitation or abuse, the Special Rapporteur expressed her concerns that the adoption of such draft legislation was specifically aimed at unduly restricting the freedom of religion or belief of the members of the Uighur Muslim community in the Xinjiang Uighur Autonomous Region. Furthermore, if adopted, the draft legislation could foster the existing tensions which had led to the violent clashes that erupted during Han and Uighur demonstrations in Urumqi on 5 July 2009. 53. The Special Rapporteur appealed to the Government to ensure that the freedom of religion or belief of children and parents in the Xinjiang Uighur Autonomous Region is protected in accordance with the fundamental principles as set forth in Convention on the Rights of the Child to which China is a Party. The Convention affirms in its article 14 that “States Parties shall respect the right of the child to freedom of thought, conscience and religions; States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child; Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others”. 54. In case the proposed draft legislation would entail limitations on children’s and parent’s freedom of religion or belief, the Special Rapporteur asked the Government to explain how these limitations would be compatible with international human rights law. She also asked the Government to indicate if any measures were envisaged to prevent the recurrence of violent clashes following the recent inter-religious tensions and violence between the Han and the Uighur Muslim communities. (b) Response from the Government dated 26 October 2009 55. On 26 October 2009, the Government of China replied to the communication of 5 August 2009. Since the Special Rapporteur had not received the response’s translation from the relevant services at the time this report was finalized, she is unfortunately not in a 17