E/CN.4/2001/0063
page 38
Feng to house arrest on 24 September 1999. On 19 November, the local labour education
and rehabilitation committee decided to punish Zhang and Feng with three years and one
year of education through labour respectively.
Wang Xincai, male, age 47, is from Lushan County, Henan Province. In 1980, he
joined the cult organization shouting faction and became a key member. He was
subjected to 15 days’ security detention by the local public security department according
to law for his participation in the planning of the illegal activities in Tanghe County on
23 August 1999 which disturbed the local public order. He has been released.
As to Gao Guofu, Gang Jinliang and some others mentioned in the [Special
Rapporteur’s] letter who took part in the illegal gathering, the local public security
department did not subject them to arrest, detention or any other punishment.
Although serious efforts have been made to locate their whereabouts, no trace has
been found of the following seven persons mentioned in the letter: Zhao Chunshun,
Sun Zheguo, Jian Wenxiang, Liu Wanlin, Zhan He, Chen Yaofu and Xu Changhua.
Comments
Religious belief is a basic right of Chinese citizens. Article 36 of the Constitution
of the People’s Republic of China provides: ‘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.’ There are clear and
specific provisions concerning protection of freedom of religious belief and of equal
rights of the citizens who believe in religions in China’s criminal law, civil law, electoral
law, military service law and compulsory education law. The Chinese Government
respects and protects citizens’ freedom and rights of religious belief. The State protects
normal religious activities. The normal religious activities conducted in public and those
conducted at home according to religious customs are organized by religious
organizations and believers themselves. Such activities are protected by State laws and
no one may intervene. The State protects the lawful rights and interests of religious
organizations and the rights of professional religious personnel to perform their normal
religious duties.
Christians and Catholics in China have their own religious organizations. The
Chinese Government confers on all churches and meeting places which meet
requirements the right to register themselves according to law. Once registered, such
places are protected by law. The Government authorizes the temporary registration of
meeting places which do not satisfy all requirements, and registration becomes official
once all the requirements have been met. Consequently there are no ‘clandestine
churches’ in China. However, it is undeniable that there are certain organizations and
individuals in the world which are quick to spread rumours and make capital out of
alleged ill-treatment and persecutions of ‘clandestine churches’. Their real motives are