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.