E/CN.4/1995/91
page 118
difficulties currently being experienced with regard to freedom of religion
derived from infringements committed by officials.
(ii)
Act concerning compensation for persons detained and acquitted
The Special Rapporteur asked for more detailed information on this Act,
the entry into force of which was scheduled for 1 January 1995. He obtained a
copy of the Act in Chinese and is waiting for a French translation. The
Ministry of Justice indicated that the question of compensation lay within the
competence of the people’s courts. A member of the Institute of World
Religions stated that the Act was a major step forward inasmuch as it
constituted a development of the rights of the individual and his defence,
particularly with regard to officials who would have to accept their
responsibilities and pay compensation following violations committed against
persons who were subsequently acquitted. It was added that only the principle
of compensation had been accepted and that its implementation would be
difficult; in particular, it presupposed the acceptance of the new concept by
the public.
(iii)
General bill on freedom of religion
The Special Rapporteur asked the authorities about the desirability of a
general act concerning freedom to practise a religion. The authorities stated
that they had no plans for draft legislation of that kind. Non-governmental
representatives considered that legislation of that kind was necessary but
that some time would be needed to obtain the required experience, and that the
recent decrees were transitional measures forming part of a general process of
improvement of the situation.
D.
Implementation of legislation and policy on tolerance and
non-discrimination based on religion or belief
1.
Summary of information
According to the information transmitted by the Chinese authorities with
regard to the Chinese Government’s policy on freedom of religious belief, "the
Chinese Government always respects and protects the citizens’ free choice of
religious belief, adopting a policy of religious freedom guaranteed by law".
Chinese citizens are free to believe in religion or not, and to choose to
believe in any kind of religion. Within a religion, they are free to believe
in any sect. Non-believers may become believers, and believers may at any
time change their beliefs. Politically and legally, religious adherents and
non-believers are equal and have the same rights and obligations.
"The State follows the principle of separation of religion from politics
and education." Religious groups operate under the guiding principles of
independence, autonomy and self-management, without State or foreign
interference. "Governments at various levels carry out its policy by helping
religious circles reopen their monasteries, temples and churches and other
sites for normal religious activities. The Government supports and encourages
religious believers to take an active part in the country’s socialist
construction and the building of a socialist spiritual and material
civilization."