A/HRC/7/10/Add.1 page 19 of a very large near completed gold and copper plated statue of Guru Padmasambava known as Guru Rinpoche of the Samye Monastery, Lhoka prefecture, Tibet autonomous region. It is the Special Rapporteur’s understanding that rubble from the statue has been transported to unknown locations. Samye Monastery is believed to be the first monastery ever built in Tibet. According to information received “Measures for the Regulation of Religious Affairs” came into force on 1 January 2007. These provide in article 13 that “Religious organizations or venues for religious activities that plan to build a religious structure such as an open-air religious statue, stupa, or Mani Lhakhang [Prayer (wheel) Temple] outside a venue for religious activities must petition the Autonomous Region’s government religious affairs department for examination and approval after receiving consent from the prefectural (city) administrative office (people's government) religious affairs department where the venue is located”. Article 48 of the above Measures provides: “Where, in violation of provisions in Article 13 of these measures, a religious structure such as an outdoor religious statue, stupa, or mani lhakhang [prayer (wheel) temple] is built without authorization outside of a venue for religious activity, the people’s government religious affairs department at the county level or above orders redress, suspension of construction, and demolition within a specified time limit, in accordance with relevant laws and regulations.” Response from the Government dated 15 August 2007 64. The Government informed that in February 2006 a company director from Hainan donated a 9.8 metre-high copper statue of Guru Rinpoche Padmasambhava to the Samye monastery. In November, acting without authorization, the monastery erected this statue on the monastery grounds. On 14 March 2007, the Shannan prefectural office of the Department of Religious Affairs instructed the monastery to halt erection of the statue. On 7 May 2007, under the supervision of the relevant prefectural and district authorities, the monastery itself removed the statue and the monastery had the statue sent out of Tibet on 8 June 2007. 65. The Chinese Cultural Properties (Protection) Act states, in its article 11, that no new construction project may be undertaken at a site that comes under protection of cultural properties and that, if the scale or layout of an original architectural complex is to be altered, consent must be obtained from the local government at the level of the province, autonomous region or city of provincial status and of the State Cultural Properties Bureau. Article 12 of the Act stipulates that no new buildings or structures may be erected in protected areas which impair the characteristics and environment of the protected area. 66. In 1994, the Religious Affairs Bureau of the Chinese State Council, the Ministry of Construction and the Chinese Tourism Office promulgated the “Notice regarding the prohibition of the erection of statues of Buddha”, article 2 of which stipulates that no other departments or units may, for any reason, erect statues of Buddha outdoors in scenic spots or other places and that people’s governments at all levels may not approve investment projects which are made conditional on the erection of outdoor statues of Buddha. If an agreement to this end has already been concluded, it must be cancelled. 67. The Samye monastery is a protected area of national significance and a grade AAAA listed scenic site. There are legal safeguards to ensure that the original scale and appearance of the protected cultural site are preserved. By erecting the outdoor statue of Buddha without authorization, the monastery was violating the relevant laws and regulations. The removal, of its