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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