Notes to Section II--Freedom of Religion
\1\ PRC Constitution, adopted 4 December 82, amended 12 April 88,
29 March 93, 15 March 99, 14 March 04, art. 36. This section of the
Commission's Annual Report primarily uses the expression ``freedom of
religion'' but encompasses within this term reference to the more
broadly articulated freedom of ``thought, conscience, and religion''
(see, e.g., the Universal Declaration of Human Rights (UDHR), adopted
and proclaimed by UN General Assembly resolution 217A (III) of 10
December 48, art. 18). For protections in international law, see, e.g.,
UDHR, art. 18; International Covenant on Civil and Political Rights
(ICCPR), adopted by UN General Assembly resolution 2200A (XXI) of 16
December 66, entry into force 23 March 76, art. 18; International
Covenant on Economic, Social, and Cultural Rights (ICESCR), adopted by
UN General Assembly resolution 2200A (XXI) of 16 December 66, entry
into force 3 January 76, art. 13(3) (requiring States Parties to
``ensure the religious and moral education of . . . children in
conformity with [the parents'] own convictions''); Convention on the
Rights of the Child (CRC), adopted and opened for signature,
ratification, and accession by UN General Assembly resolution 44/25 of
20 November 89, entry into force 2 September 90, art. 14; Declaration
on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief, UN General Assembly resolution 36/55 of 25
November 81. See General Comment No. 22 to Article 18 of the ICCPR for
an official interpretation of freedom of religion as articulated in the
ICCPR. General Comment No. 22: The Right to Freedom of Thought,
Conscience, and Religion (Art. 18), 30 July 93, para. 1. China is a
party to the ICESCR and the CRC, and a signatory to the ICCPR. China
signed the ICCPR in 1998. The Chinese Government has committed to
ratifying the ICCPR and says it is taking concrete steps to prepare for
ratification. In November 2009, a Joint Statement of the 12th EU-China
Summit said, ``The EU welcomed China's commitment to ratifying the
[ICCPR] as soon as possible.'' Joint Statement of the 12th EU-China
Summit, reprinted in China Internet Information Center (Online), 30
November 09. In October 2009, Ambassador Liu Zhenmin, China's Deputy
Permanent Representative to the United Nations, said, ``At present,
legislative, judicial and administrative reforms are under way in China
with a view to aligning our domestic legislation with the provisions of
the [ICCPR] and paving the way for its ratification.'' Permanent
Mission of the People's Republic of China to the UN (Online),
``Statement by H.E. Ambassador Liu Zhenmin, Deputy Permanent
Representative of China to the United Nations, at the Third Committee
of the 64th Session of the General Assembly on the Implementation of
Human Rights Instruments (Item 69A),'' 20 October 09. In its 2009-2010
National Human Rights Action Plan issued in April 2009, the Chinese
Government stated that the ICCPR was one of the ``fundamental
principles'' on which the plan was framed, and that the government
``will continue legislative, judicial and administrative reforms to
make domestic laws better linked with this Covenant, and prepare the
ground for approval of the ICCPR.'' State Council Information Office,
National Human Rights Action Plan of China (2009-2010), Xinhua
(Online), 13 April 09, introduction, sec. V(1). In February 2009,
during the UN Human Rights Council's Universal Periodic Review of the
Chinese Government's human rights record, the Chinese Government
supported recommendations made by Member States that China ratify the
ICCPR. Chinese officials said China was in the process of amending
domestic laws, including the criminal procedure law and laws relating
to reeducation through labor, to make them compatible with the ICCPR.
UN GAOR, Hum. Rts. Coun., 11th Sess., Report of the Working Group on
the Universal Periodic Review--China, A/HRC/11/25, 3 March 09, paras.
63, 114(1).
\2\ For more on unregistered groups in China, see, e.g., Bureau of
Democracy, Human Rights, and Labor, U.S. Department of State,
International Religious Freedom Report--2009, China (includes Tibet,
Hong Kong, and Macau), 26 October 09.
\3\ State Administration for Religious Affairs (Online), ``Central
Authorities' Decision Restructures Main Leadership Posts at State
Administration for Religious Affairs'' [Zhongyang jueding guojia
shiwuju zhuyao lingdao zhiwu tiaozheng], 21 September 09.
\4\ See, e.g., ``Religious Harmony: New Frontiers in Religion
Work'' [Zongjiao hexie: zongjiao gongzuo de xin jingjie], People's
Daily (Online), 13 January 10; ``Senior Leader Urges Religious
Believers To Help Promote Development, Stability,'' Xinhua (Online), 9
February 10. For an overview of past efforts to articulate a ``positive
role'' for religion, see ``Politburo Study Session Calls for Uniting
Religious Communities Around Party,'' CECC China Human Rights and Rule
of Law Update, January 2008, 3.
\5\ Wang Zuo'an, ``Strengthen Ability To Do Work on Religion''
[Zengqiang zuohao zongjiao gongzuo de nengli], Qiushi (Online), 1
February 10.
\6\ ``Forum Convenes on 5th-Year Anniversary of Implementation of
`Regulation on Religious Affairs,' Hui Liangyu Attends and Makes
Important Speech'' [``Zongjiao shiwu tiaoli'' shishi 5 zhounian
zuotanhui zhaokai hui liangyu chuxi bing zuo zhongyao jianghua], China
Religions (Online), 12 April 10; Regulation on Religious Affairs
[Zongjiao shiwu tiaoli], issued 30 November 04, effective 1 March 05.
\7\ See the RRA generally for provisions defining the scope of
state control over various internal affairs of religious groups. For
detailed analysis of specific articles, see, e.g., ``Zhejiang and Other
Provincial Governments Issue New Religious Regulations,'' CECC China
Human Rights and Rule of Law Update, June 2006, 9-10.
\8\ The RRA conditions protections on religious groups registering
as official organizations and registering venues with the government.
Regulation on Religious Affairs [Zongjiao shiwu tiaoli], issued 30
November 04, effective 1 March 05, arts. 6, 12-15. For information on
harassment of unregistered groups, see subsections on specific
religious communities within this section. See also Bureau of
Democracy, Human Rights, and Labor, U.S. Department of State,
International Religious Freedom Report--2009, China (includes Tibet,
Hong Kong, and Macau), 26 October 09.
\9\ Hubei Province Regulation on Religious Affairs [Hubei sheng
zongjiao shiwu tiaoli], issued 31 July 09, effective 1 October 09,
arts. 30-35; Hainan Province Provisions on the Management of Religious
Affairs [Hainan sheng zongjiao shiwu guanli ruogan guiding], issued 25
September 09, effective 1 December 09, art. 10. Compare these
provisions with those in the older regulations they replace. Hubei
Province Regulation on the Management of Religious Affairs [Hubei sheng
zongjiao shiwu guanli tiaoli], issued 14 January 01, effective 1 April
01, art. 7; Hainan Province Regulation on the Management of Religious
Affairs [Hainan sheng zongjiao shiwu guanli tiaoli], issued 26
September 97, effective 22 October 97 (lacking a provision on cross-
provincial movement of religious personnel that is present in the 2009
measures that replace them). For analysis of the new regulation and
provisions, see ``Three Provinces Issue New or Amended Regulations on
Religion,'' CECC China Human Rights and Rule of Law Update, No. 6, 9
December 09, 4. In addition, in 2010, the Guangdong province People's
Congress Standing Committee amended its 2000 regulation on religious
affairs. Guangdong Province Regulation on Religious Affairs [Guangdong
sheng zongjiao shiwu tiaoli], issued 30 June 00 as the Guangdong
Province Regulation on the Management of Religious Affairs [Guangdong
sheng zongjiao shiwu guanli tiaoli], amended and name changed on 22
January 10, effective 1 March 10.
\10\ Measures on the Supervision and Management of Financial
Affairs of Venues for Religious Activities (Trial) [Zongjiao huodong
changsuo caiwu jiandu guanli banfa (shixing)], issued 11 January 10,
effective 1 March 10.
\11\ See analysis in ``New Measures Regulate Financial Affairs of
Venues for Religious Activities,'' CECC China Human Rights and Rule of
Law Update, No. 5, 4 June 10, 3. For provisions articulating broad
oversight of venues and as well as protection for the sites, see
Measures on the Supervision and Management of Financial Affairs of
Venues for Religious Activities (Trial) [Zongjiao huodong changsuo
caiwu jiandu guanli banfa (shixing)], issued 11 January 10, effective 1
March 10, arts. 6, 7.
\12\ Measures on the Supervision and Management of Financial
Affairs of Venues for Religious Activities (Trial) [Zongjiao huodong
changsuo caiwu jiandu guanli banfa (shixing)], issued 11 January 10,
effective 1 March 10, art. 2.
\13\ State Administration of Foreign Exchange, Circular on Issues
Concerning the Management of Foreign Exchange Donated to or by Domestic
Institutions [Guanyu jingnei jigou juanzeng waihui guanli youguan wenti
de tongzhi], issued 30 December 09, effective 1 March 10, art. 8(3).
\14\ This section pertains to what official sources refer to as
``Buddhism in the Han tradition,'' an inaccurate umbrella term that
encompasses all schools of Buddhism in China, aside from the Tibetan
tradition. ``Buddhism in the Han tradition'' (hanchuan fojiao) is
inaccurate in religious terms. Buddhists divide themselves according to
a number of traditions, ritual practices, and schools of thought, but
not in purely ethnic terms. It is also worth noting that with the
possible exception of the Chan school of Buddhism, there is arguably no
true ``Han tradition'' of Buddhism. All non-Chan schools of Buddhism in
China can be clearly traced to Indian sources. In addition, there are
Chinese citizens belonging to officially recognized ``ethnic minority''
groups, such as the Dai, that practice Theravada Buddhism--a branch of
Buddhism completely outside of what Chinese officials mean by the ``Han
tradition'' (non-esoteric Mahayana Buddhism--a branch of Buddhism of
Indian origin as practiced by non-Tibetans).
\15\ Constitution of the Buddhist Association of China [Zhongguo
fojiao xiehui zhangcheng], enacted 18 September 02, art. 3; Regulation
on Religious Affairs [Zongjiao shiwu tiaoli], issued 30 November 04,
effective 1 March 05, arts. 6, 27-29.
\16\ See the discussion of the legal framework for religion in
China in the Introduction of this section for more information.
\17\ See, e.g., case studies from ``China--Taoist, Buddhist
Associations' Websites Suggest Constraints,'' Open Source Center, 23
November 09.
\18\ Buddhism Online (Online), ``Director Wang Zuo'an's Remarks at
the Eighth National Conference of the Buddhist Association of China''
[Wang zuo'an ju zhang zai zhongguo fojiao xiehui di ba ci quanguo
daibiao huiyi shang de jiang hua], 2 February 10.
\19\ Ibid.
\20\ See, e.g., Mashang Party Committee and Mashang People's
Government, Mashang Work Summary for First Half of 2009 and Work Plan
for Second Half of 2009 [Mashang zhen 2009 nian shangbannian gongzuo
zongjie ji xiabannian gongzuo dasuan], 25 December 09; Qidong Municipal
Anti-Cult Association (Online), ``Introduction to Anti-Cult Knowledge
in 2010'' [2010 nian fanxiejiao zhishi jieshao], 4 June 10.
\21\ Ministry of Public Security, Circular on Several Issues With
Designating and Banning Cult Organizations [Guanyu rending he qudi
xiejiao zuzhi ruogan wenti de tongzhi], issued 30 April 00.
\22\ See, e.g., Changsha Municipal Ethnic and Religious Affairs
Bureau, Circular Regarding the Breakdown of the Changsha Municipal
Ethnic and Religious Affairs Bureau's Official Law Enforcement Powers
[Guanyu changsha shi minzu zongjiao shiwu ju zhifa zhiquan fenjie de
tongzhi], issued 1 December 09; Changshu Municipal Ethnic and Religious
Affairs Bureau, 2009 Work Summary and Focal Points of 2010 Work [2009
niandu gongzuo zongjie ji 2010 nian gongzuo zhongdian], 17 November 09;
Wuxi Municipal Ethnic and Religious Affairs Bureau, Wuxi City
Propaganda Manual for Governance of Unapproved Sites (Temples) [Wuxi
shi weijing pizhun changsuo (simiao) zhili gongzuo xuanchuan shouce],
19 October 09; Wuzhong District Ethnic and Religious Affairs Bureau,
District Ethnic and Religious Affairs Bureau 2009 Work Summary and 2010
Work Plans [Qu minzong ju 2009 niandu gongzuo zongjie ji 2010 niandu
gongzuo dasuan], 22 December 09; Yangzhou Religious Affairs Bureau,
``Jiangdu Television Station Special Exposes Tricks of Fake Monks and
Fake Daoist Priests'' [Jiangdu dianshitai zhuanti jiechuan jia seng jia
dao de pianshu], reprinted in Yangzhou Municipal People's Government
(Online), 2 June 10; Zetan Township Communist Party Committee, Circular
Regarding Investigation Into the Basic Situation for Buddhists,
Taoists, Muslims, and Catholics [Guanyu kaizhan fojiao, daojiao,
yisilanjiao, tianzhujiao jiben qingkuang diaocha gongzuo de tongzhi],
issued 15 September 09.
\23\ See, e.g., Wuxi Municipal Ethnic and Religious Affairs Bureau,
Wuxi City Propaganda Manual for Governance of Unapproved Sites
(Temples) [Wuxi shi weijing pizhun changsuo (simiao) zhili gongzuo
xuanchuan shouce], 19 October 09; Wuzhong District Ethnic and Religious
Affairs Bureau, District Ethnic and Religious Affairs Bureau 2009 Work
Summary and 2010 Work Plans [Qu minzong ju 2009 niandu gongzuo zongjie
ji 2010 niandu gongzuo dasuan], 22 December 09.
\24\ See, e.g., Changsha Municipal Ethnic and Religious Affairs
Bureau, Circular Regarding the Breakdown of the Changsha Municipal
Ethnic and Religious Affairs Bureau's Official Law Enforcement Powers
[Guanyu changsha shi minzu zongjiao shiwu ju zhifa zhiquan fenjie de
tongzhi], issued 1 December 09; Changshu Municipal Ethnic and Religious
Affairs Bureau, 2009 Work Summary and Focal Points of 2010 Work [2009
niandu gongzuo zongjie ji 2010 nian gongzuo zhongdian], 17 November 09;
Wuzhong District Ethnic and Religious Affairs Bureau, District Ethnic
and Religious Affairs Bureau 2009 Work Summary and 2010 Work Plans [Qu
minzong ju 2009 niandu gongzuo zongjie ji 2010 niandu gongzuo dasuan],
22 December 09; Zetan Township Communist Party Committee, Circular
Regarding Investigation Into the Basic Situation for Buddhists,
Taoists, Muslims, and Catholics [Guanyu kaizhan fojiao, daojiao,
yisilanjiao, tianzhujiao jiben qingkuang diaocha gongzuo de tongzhi],
issued 15 September 09.
\25\ ``The Flower of Ethnic Unity Is in Full Bloom, Religion Has
Stepped Onto the Harmonious Path'' [Minzu shengkai tuanjie hua,
zongjiao tashang hexie lu], People's Daily (Online), 1 September 09.
\26\ See, e.g., Changshu Municipal Ethnic and Religious Affairs
Bureau, 2009 Work Summary and Focal Points of 2010 Work [2009 niandu
gongzuo zongjie ji 2010 nian gongzuo zhongdian], 17 November 09;
Wuzhong District Ethnic and Religious Affairs Bureau, District Ethnic
and Religious Affairs Bureau 2009 Work Summary and 2010 Work Plans [Qu
minzong ju 2009 niandu gongzuo zongjie ji 2010 niandu gongzuo dasuan],
22 December 09.
\27\ Wuxi Municipal Ethnic and Religious Affairs Bureau, Wuxi City
Propaganda Manual for Governance of Unapproved Sites (Temples) [Wuxi
shi weijing pizhun changsuo (simiao) zhili gongzuo xuanchuan shouce],
19 October 09.
\28\ Estimates of the size of China's Catholic community vary
widely, and there are large discrepancies between Chinese Government
estimates and foreign media estimates. For example, senior Party leader
Jia Qinglin has estimated the Catholic population at 4 million,
although it is unclear whether or not his estimate applies to both
registered and unregistered Catholics. Bao Daozu, ``Religion `Can
Promote Harmony,' '' China Daily (Online), 4 March 08. Foreign media
estimates range from 6 to over 12 million. See, e.g., Ambrose Leung,
``Tsang Had Audience With Pope but Cancelled,'' South China Morning
Post (Online), 26 March 10; ``Cardinal for China,'' Wall Street Journal
(Online), 16 April 09; James Pomfret, ``New Hong Kong Bishop Pressures
China on Religious Freedom,'' Reuters (Online), 16 April 09.
\29\ For information on the history of this policy, see CECC, 2006
Annual Report, 20 September 06, 87.
\30\ See CECC, 2007 Annual Report, 10 October 07, 96-97, for
information on coercion to participate in bishop appointments in
previous years.
\31\ Ambrose Leung, ``Beijing and Vatican Focus on Long-Term
Future,'' South China Morning Post (Online), 1 November 09; U.S.
Commission on International Religious Freedom, 2010 Annual Report, May
2010, 109.
\32\ Examples of bishops approved by both the CPA and the Holy See
this year include Bishop Cai Bingrui of the Xiamen diocese in Fujian
province, Bishop Meng Qinglu of the Hohhot diocese in the Inner
Mongolia Autonomous Region (IMAR), Bishop Shen Bin of the Haimen
diocese in Jiangsu province, Bishop Du Jiang of the Bameng diocese in
the IMAR, and Bishop Han Yingjin of the Sanyuan diocese in Shaanxi
province. ``Church Communities Welcome Xiamen Bishop,'' Union of
Catholic Asian News (Online), 10 May 10; Tom Mitchell, ``China Ordains
Bishops Backed by the Vatican,'' Financial Times (Online), 10 May 10;
``Haimen Bishop Ordained With Papal Mandate,'' Union of Catholic Asian
News (Online), 21 April 10; Wang Zhicheng, ``Bishop Placed Under House
Arrest for Refusing To Co-Celebrate Mass With Excommunicated Bishop,''
AsiaNews (Online), 8 April 10; ``Fourth China Bishop Ordained This
Year,'' Union of Catholic Asian News (Online), 24 June 10.
\33\ Ankang Municipal Bureau of Civil Affairs (Online), ``Liu
Bainian, Vice-Chair of the China Catholic Patriotic Association, Visits
Ankang To Inspect and Guide Catholic Work'' [Zhongguo tianzhujiao aiguo
hui fu zhuxi liu bainian lai an jiancha zhidao tianzhujiao gongzuo], 20
January 10.
\34\ See, e.g., ``Study Deeply and Implement the Spirit of the 2010
National Meeting for Work on Religion'' [Shenru xuexi guanche 2010 nian
quanguo zongjiao gongzuo huiyi jingshen], China Religion (Online), 3
March 10; Guangdong Ethnic and Religious Affairs Commission (Online),
``Zhongshan Municipal Catholic Patriotic Association Convenes Second
Representative Assembly'' [Zhongshan shi tianzhujiao aiguo hui zhaokai
di er jie daibiao da hui], 20 January 10; Li Yi, Songjiang District
Religious and Ethnic Affairs Bureau, ``Our District's Third
Representative Assembly of Catholics Convenes'' [Wo qu tianzhujiao di
san ci daibiao huiyi zhaokai], reprinted in Songjiang District United
Front Work Department (Online), 18 January 10.
\35\ See, e.g., Qujiang People's Government, Program Regarding the
Implementation of Investigations into the Basic Situation for
Buddhists, Taoists, and Catholics [Guanyu kaizhan fojiao, daojiao,
tianzhujiao jiben qingkuang diaocha shishi fang'an], 8 January 10;
Taijiang District People's Government, Taijiang District Ethnic and
Religious Affairs Bureau's 2009 Work Summary and 2010 Work Ideas
[Taijiang qu minzongju 2009 nian gongzuo zongjie ji 2010 nian gongzuo
silu], 15 January 10; Zetan Township Communist Party Committee,
Circular Regarding Investigation Into the Basic Situation for
Buddhists, Taoists, Muslims, and Catholics [Guanyu kaizhan fojiao,
daojiao, yisilanjiao, tianzhujiao jiben qingkuang diaocha gongzuo de
tongzhi], issued 15 September 09.
\36\ Wang Zhicheng, ``Bishop Placed Under House Arrest for Refusing
To Co-Celebrate Mass With Excommunicated Bishop,'' AsiaNews (Online), 8
April 10.
\37\ Ibid.
\38\ Michael Wines, ``Bishop Yao Liang, 87, Imprisoned in China for
Loyalty to the Vatican, Dies,'' New York Times (Online), 6 January 10.
\39\ Zhen Yuan, ``Underground Bishop of Xiwanzi Dies, Security
Tightened for Funeral,'' AsiaNews (Online), 4 January 10.
\40\ ``Over 20 Thousand Official and Underground Catholics at the
Funeral of the Bishop of Wenzhou,'' AsiaNews (Online), 15 October 09.
\41\ U.S. Commission on International Religious Freedom, 2010
Annual Report, May 2010, 110.
\42\ Bernardo Cervellera, ``In Hebei, Underground Bishop Joins
Chinese Patriotic Catholic Association,'' AsiaNews (Online), 29 October
09.
\43\ See, e.g., Hebei Province Bureau of Ethnic and Religious
Affairs, ``Hebei Province Ethnic and Religious Affairs Bureau Bulletin
No. 16: the `Year of Cadre Work-Style Building' Activities'' [Sheng
minzongting `ganbu zuofeng jianshe nian' huodong di 16 qi jianbao], 28
December 09; Shandan County United Front Work Department, ``Regarding
Thoughts on Accelerating the Socioeconomic Development of Ethnic and
Religious Neighborhoods'' [Guanyu jiakuai minzu zongjiao qunzhong
jujuqu jingji shehui fazhan de sikao], reprinted in Shandan County
People's Government (Online), 20 November 09; Wuxi City Bureau of
Ethnic and Religious Affairs, Wuxi City Bureau of Ethnic and Religious
Affairs Report Regarding 2009 Work To Promote Administration According
to the Law [Wuxi shi minzu zongjiao shiwu ju guanyu 2009 niandu tuijin
yifa xingzheng gongzuo qingkuang baogao], 29 December 09.
\44\ See, e.g., Qujiang People's Government, Program Regarding the
Implementation of Investigations Into the Basic Situation for
Buddhists, Taoists, and Catholics [Guanyu kaizhan fojiao, daojiao,
tianzhujiao jiben qingkuang diaocha shishi fang'an], 8 January 10;
Shandan County United Front Work Department, ``Regarding Thoughts on
Accelerating the Socioeconomic Development of Ethnic and Religious
Neighborhoods'' [Guanyu jiakuai minzu zongjiao qunzhong jujuqu jingji
shehui fazhan de sikao], reprinted in Shandan County People's
Government (Online), 20 November 09; Taijiang District People's
Government, Taijiang District Ethnic and Religious Affairs Bureau's
2009 Work Summary and 2010 Work Ideas [Taijiang qu minzongju 2009 nian
gongzuo zongjie ji 2010 nian gongzuo silu], 15 January 10; Wuxi City
Bureau of Ethnic and Religious Affairs, Wuxi City Bureau of Ethnic and
Religious Affairs Report Regarding 2009 Work To Promote Administration
According to the Law [Wuxi shi minzu zongjiao shiwu ju guanyu 2009
niandu tuijin yifa xingzheng gongzuo qingkuang baogao], 29 December 09;
Zetan Township Communist Party Committee, Circular Regarding
Investigation Into the Basic Situation for Buddhists, Taoists, Muslims,
and Catholics [Guanyu kaizhan fojiao, daojiao, yisilanjiao, tianzhujiao
jiben qingkuang diaocha gongzuo de tongzhi], issued 15 September 09.
\45\ See, e.g., Qujiang People's Government, Program Regarding the
Implementation of Investigations into the Basic Situation for
Buddhists, Taoists, and Catholics [Guanyu kaizhan fojiao, daojiao,
tianzhujiao jiben qingkuang diaocha shishi fang'an], 8 January 10;
Taijiang District People's Government, Taijiang District Ethnic and
Religious Affairs Bureau's 2009 Work Summary and 2010 Work Ideas
[Taijiang qu minzongju 2009 nian gongzuo zongjie ji 2010 nian gongzuo
silu], 15 January 10; Wuxi City Bureau of Ethnic and Religious Affairs,
Wuxi City Bureau of Ethnic and Religious Affairs Report Regarding 2009
Work To Promote Administration According to the Law [Wuxi shi minzu
zongjiao shiwu ju guanyu 2009 niandu tuijin yifa xingzheng gongzuo
qingkuang baogao], 29 December 09; Zetan Township Communist Party
Committee, Circular Regarding Investigation Into the Basic Situation
for Buddhists, Taoists, Muslims, and Catholics [Guanyu kaizhan fojiao,
daojiao, yisilanjiao, tianzhujiao jiben qingkuang diaocha gongzuo de
tongzhi], issued 15 September 09.
\46\ See, e.g., Qujiang People's Government, Program Regarding the
Implementation of Investigations Into the Basic Situation for
Buddhists, Taoists, and Catholics [Guanyu kaizhan fojiao, daojiao,
tianzhujiao jiben qingkuang diaocha shishi fang'an], 8 January 10;
Zetan Township Communist Party Committee, Circular Regarding
Investigation Into the Basic Situation for Buddhists, Taoists, Muslims,
and Catholics [Guanyu kaizhan fojiao, daojiao, yisilanjiao, tianzhujiao
jiben qingkuang diaocha gongzuo de tongzhi], issued 15 September 09.
\47\ ``Fujian Priest Detained Over Youth Camp,'' Union of Catholic
Asian News (Online), 11 March 10.
\48\ ``CHINA--Another `Underground' Priest Detained,'' Union of
Catholic Asian News (Online), 23 March 10.
\49\ ``Baoding Bishop Explains Departure From `Underground'
Church,'' Union of Catholic Asian News (Online), 12 November 09.
\50\ Zhen Yuan, ``Underground Bishop: I Joined the Patriotic
Association for the Good of the Church,'' AsiaNews (Online), 11
November 09.
\51\ Bernardo Cervellera, ``In Hebei, Underground Bishop Joins
Chinese Patriotic Catholic Association,'' AsiaNews (Online), 29 October
09.
\52\ Ibid.
\53\ ``Bishop Francis An Shuxin Openly Installed,'' Union of
Catholic Asian News (Online), 9 August 10; Wang Zhicheng, ``Bishop An
Shuxin, Former Underground Bishop Installed as Ordinary of Baoding,''
AsiaNews (Online), 7 August 10.
\54\ ``Bishop Jia Zhiguo of China's Zhengding Diocese Released''
[Zhongguo zhengding jiaoqu jia zhiguo zhujiao huoshi], CathNews China
(Online), 8 July 10; ``Chinese Underground Bishop Released,'' Union of
Catholic Asian News (Online), 8 July 10; Wang Zhicheng, ``Mgr. Jia
Zhiguo, Underground Bishop, Released After 15 Months,'' AsiaNews
(Online), 8 July 10.
\55\ Bernardo Cervellera, ``Police Arrest Underground Zhengding
Bishop Jia Zhiguo,'' AsiaNews (Online), 31 March 09.
\56\ ``Inner Mongolia, the Only Catholic Church in Ordos Demolished
To Build a New Road,'' AsiaNews (Online), 10 June 10; ``Only Catholic
Church in Ordos Demolished'' [E'erduosi shi weiyi de tianzhu jiaotang
bei chai], Radio Free Asia (Online), 11 June 10.
\57\ Ibid.
\58\ Ibid.
\59\ For more information on the Shanghai 2010 World Expo, see
Falun Gong in this section for more information.
\60\ For more information, see ``China's Marian Shrines,'' AsiaNews
(Online), 27 May 04.
\61\ Holy See, Letter of the Holy Father Pope Benedict XVI to the
Bishops, Priests, Consecrated Persons, and Lay Faithful of the Catholic
Church in the People's Republic of China, 27 May 07.
\62\ See, e.g., Taijiang District People's Government, Taijiang
District Ethnic and Religious Affairs Bureau's 2009 Work Summary and
2010 Work Ideas [Taijiang qu minzong ju 2009 nian gongzuo zongjie ji
2010 nian gongzuo silu], 15 January 10; Wuxi City Bureau of Ethnic and
Religious Affairs, Wuxi City Bureau of Ethnic and Religious Affairs
Report Regarding 2009 Work To Promote Administration According to the
Law [Wuxi shi minzu zongjiao shiwu ju guanyu 2009 niandu tuijin yifa
xingzheng gongzuo qingkuang baogao], 29 December 09.
\63\ See, e.g., ``Believers From Various Locations in the Mainland
Answer Pope's Call To Pray for the Chinese Church'' [Dalu ge di
xinzhong xiangying jiaozong wei zhongguo jiaohui qidao], CathNews
China, reprinted in Catholic Online (Online), 25 May 10; ``Mainland
Catholics Pray for China Church,'' Union of Catholic Asian News
(Online), 24 May 10.
\64\ See, e.g., ``Mainland Catholics Pray for China Church,'' Union
of Catholic Asian News (Online), 24 May 10; Wang Zhicheng, ``Even in
Persecution We Pray to Our Lady of Sheshan,'' AsiaNews (Online), 24 May
10.
\65\ For more information about the history of the ``strike hard''
campaign against Falun Gong, see CECC, 2009 Annual Report, 10 October
09, 120-26.
\66\ For more information on the teachings and practices of Falun
Gong, see David Ownby, Falun Gong and the Future of China (New York:
Oxford University Press, 2008).
\67\ For more information on the events leading to the crackdown on
Falun Gong, see Human Rights Watch, Dangerous Meditation: China's
Campaign Against Falun Gong, January 2002, 17-43.
\68\ Official estimates placed the number of adherents inside China
at 30 million prior to the crackdown. Falun Gong sources estimate that
there was twice that number. Maria Hsia Chang, Falun Gong: the End of
Days (New Haven: Yale University Press, 2004), 2. In April 2009, Han
Zhiguang, a Chinese attorney who has defended Falun Gong clients,
reported that there remain ``huge numbers'' of practitioners in China
and that the movement is ``expanding.'' See Malcolm Moore, ``Falun Gong
`Growing' in China Despite 10-Year Ban,'' Telegraph (Online), 24 April
09.
\69\ Dafa Information Center (Online), ``Shanghai Expo Fuels Falun
Gong Crackdown, Over 120 Abductions,'' 5 May 10; Pudong District
People's Government (Online), ``Comrade Xu Lin's Speech to the New
District Political-Legal Comprehensive Management Work Meeting'' [Xu
lin tongzhi zai xinqu zhengfa zongzhi gongzuo huiyi shang de jianghua],
1 February 10; Pudong District People's Government (Online), ``Hangtou
Residential Committees Launch Anti-Cult Propaganda and Education
Activities To Welcome the World Expo'' [Hangtou juwei kaizhan ying
shibo fan xiejiao xuanchuan jiaoyu huodong], 31 March 10; Pudong
District People's Government (Online), ``Residential Committee Work
Meeting on Sorting Through Unstable Factors'' [Juwei bu wending yinsu
paimo gongzuo huiyi], 21 January 10; Shanghai Municipal People's
Government (Online), ``Chongming County Bureau of Civil Affairs
Launches `Welcome World Expo, Speak in a Civilized Way, Oppose Cults'
Week of Propaganda Education Activities'' [Chongming xian minzhengju
kaizhan `ying shibo, jiang wenming, fan xiejiao' xuanchuan jiaoyu zhou
huodong], 2 April 10.
\70\ Falun Dafa Information Center (Online), ``Shanghai Expo Fuels
Falun Gong Crackdown, Over 120 Abductions,'' 5 May 10.
\71\ PRC Criminal Law, enacted 1 July 79, amended 14 March 97,
effective 1 October 97, amended 25 December 99, 31 August 01, 29
December 01, 28 December 02, 28 February 05, 29 June 06, 28 February
09, art. 300; ClearWisdom (Online), ``Husband and Wife Sentenced to
Prison for Practicing Falun Gong'' [Fuqi er ren tong bei panxing,
meiman jiating lizi san], 20 January 10.
\72\ Xu was sentenced to three years in prison in 2008, and there
have been no reports indicating that she has been released early. For
more information on Xu's case, see, e.g., Amnesty International
(Online), ``China: Fear of Torture and Other Ill-Treatment/Prisoner of
Conscience,'' 28 November 08; ``Artist Xu Na Is Sentenced to Three
Years in Prison'' [Huajia xu na bei pan san nian tuxing], 25 November
08; Christopher Bodeen, ``China Falun Gong Follower Receives 3-Year
Sentence,'' Associated Press, reprinted in International Herald Tribune
(Online), 25 November 08.
\73\ CECC, 2009 Annual Report, 10 October 09, 124-26.
\74\ PRC Criminal Law, enacted 1 July 79, amended 14 March 97,
effective 1 October 97, amended 25 December 99, 31 August 01, 29
December 01, 28 December 02, 28 February 05, 29 June 06, 28 February
09, art. 300; ``Sentenced to Seven Years for Defending Falun Gong,
Attorney Wang Yonghang's Family Calls for Support'' [Wei falun gong
bianhu huoxing qi nian, lushi wang yonghang jiashu huyu guanzhu], Radio
Free Asia (Online), 19 January 10; Chinese Human Rights Defenders
(Online), ``Dalian Human Rights Lawyer Wang Yonghang Sentenced to Seven
Years in Prison'' [Dalian weiquan lushi wang yonghang bei panxing 7
nian], 5 December 09; Lucy Hornby, ``China Disbars Two Rights Defense
Lawyers,'' Reuters (Online), 9 May 10.
\75\ Tang Jitian said that the disbarment was ``revenge for what we
have done. It's to scare our friends who are doing the same things. It
has a chilling effect on them.'' Edward Wong and Xiyun Yang, ``China
Bans Two Rights Lawyers for Life,'' New York Times (Online), 10 May
2010. See also Lucy Hornby, ``China Disbars Two Rights Defense
Lawyers,'' Reuters (Online), 9 May 10. The Beijing Municipal Bureau of
Justice alleged that the two attorneys had ``disrupted the order of the
court and interfered with the regular litigation process.'' The lawyers
dispute the charges, and experts note that it is very unusual for
lawyers to be disbarred in China on such charges.
\76\ Michael Wines, ``Chinese Rights Lawyers Disappears Again,''
New York Times (Online), 30 April 10. For more information on Gao
Zhisheng and the torture that he has suffered in custody, see CECC,
2009 Annual Report, 10 October 09, 97-98, 125. See Section III--Access
to Justice--Human Rights Lawyers and Defenders for more information.
\77\ Michael Wines, ``Chinese Rights Lawyer Disappears Again,'' New
York Times (Online), 30 April 10; Gordon Fairclough, ``Missing
Dissident Found in Northern China,'' Wall Street Journal (Online), 29
March 10; Austin Ramzy, ``A Chinese Dissident's Mysterious
Reappearance,'' Time Magazine (Online), 29 March 10; ``Crusading
Chinese Lawyer Gives Up Activism,'' Associated Press (Online), 7 April
10.
\78\ Pudong District People's Government (Online), ``Residential
Committee Work Meeting on Sorting Through Unstable Factors'' [Juwei bu
wending yinsu paimo gongzuo huiyi], 21 January 10.
\79\ Pudong District People's Government (Online), ``Comrade Xu
Lin's Speech to the New District Political-Legal Comprehensive
Management Work Meeting'' [Xu lin tongzhi zai xinqu zhengfa zongzhi
gongzuo huiyi shang de jianghua], 1 February 10.
\80\ Pudong District People's Government (Online), ``Hangtou
Residential Committees Launch Anti-Cult Propaganda and Education
Activities To Welcome the World Expo'' [Hangtou juwei kaizhan ying
shibo fan xiejiao xuanchuan jiaoyu huodong], 31 March 10; Shanghai
Municipal People's Government (Online), ``Chongming County Bureau of
Civil Affairs Launches `Welcome World Expo, Speak in a Civilized Way,
Oppose Cults' Week of Propaganda Education Activities'' [Chongming xian
minzhengju kaizhan ``ying shibo, jiang wenming, fan xiejiao'' xuanchuan
jiaoyu zhou huodong], 2 April 10.
\81\ A ``concrete demand'' is the exact phrase used by officials to
indicate that the propaganda campaign was mandatory. Pudong District
People's Government (Online), ``Hangtou Residential Committees Launch
Anti-Cult Propaganda and Education Activities To Welcome the World
Expo'' [Hangtou juwei kaizhan ying shibo fan xiejiao xuanchuan jiaoyu
huodong], 31 March 10.
\82\ Pudong District People's Government (Online), ``Hangtou
Residential Committees Launch Anti-Cult Propaganda and Education
Activities To Welcome the World Expo'' [Hangtou juwei kaizhan ying
shibo fan xiejiao xuanchuan jiaoyu huodong], 31 March 10; Pudong
District People's Government (Online), ``Nanmatou Road Subdistrict
Implementation Opinion Regarding Security Defense and Mass Prevention
Work To Welcome the World Expo'' [Nanmatou lu jiedao guanyu ying shibo
anquan baowei qunfangqunzhi gongzuo de shishi yijian], 13 September 09;
Tang Township People's Government (Online), 2009 Tang Township
Comprehensive Management of Social Order Work Summary and 2010 Work
Plan [2009 nian tang zhen shehui zhi'an zonghe zhili gongzuo zongjie ji
2010 nian gongzuo jihua], 14 December 09; Xuhui District People's
Government (Online), Fenglin Subdistrict 2009 Work Summary and 2010
Work Plan [Fenglin jiedao 2009 nian gongzuo zongjie he 2010 nian
gongzuo jihua], 19 January 10.
\83\ Gulou District People's Government (Online), ``Wushan
Community: Community Stability Work During the Period of the Shanghai
World Expo'' [Wushan shequ: shanghai shibohui qijian shequ weiwen
gongzuo], 26 April 10.
\84\ Huang Yanwen, Shicheng County People's Government (Online),
``Mulan Township Launches Propaganda Activities To Guard Against `Falun
Gong' Cult Organization's Interference and Sabotage of the Shanghai
World Expo'' [Mulan xiang kaizhan fangfan ``falun gong'' xiejiao zuzhi
ganrao pohuai shanghai shibohui xuanjiang huodong], 22 April 10.
\85\ For more detailed information on the 6-10 Office, see CECC,
2008 Annual Report, 31 October 08, 88-90, and CECC, 2009 Annual Report,
10 October 09, 121-123.
\86\ Qibao Township People's Government (Online), ``Qibao Township
Political-Legal Committee and Village and Residential Committees Sign
Special 610 Work Responsibility Agreement'' [Qibao zhen zhengfawei yu
cunjuwei qianding 610 zhuanxiang gongzuo zerenshu], 9 February 10.
\87\ Tang Township People's Government (Online), 2009 Tang Township
Comprehensive Management of Social Order Work Summary and 2010 Work
Plan [2009 nian tang zhen shehui zhi'an zonghe zhili gongzuo zongjie ji
2010 nian gongzuo jihua], 14 December 09.
\88\ See, e.g., Jing'an County People's Government (Online),
``Gaohu Launches Warning and Education Plan To Prevent `Falun Gong'
Cult Organization From Using RMB To Carry Out Reactionary Propaganda''
[Gaohu zhen kaizhan fangfan ``falungong'' xiejiao zuzhi liyong renminbi
jinxing fandong xuanchuan de jingshi jiaoyu xuanjiang huodong fang'an],
8 January 10; Mentougou District People's Government and Party
Committee (Online), ``Deeply Carry Out the Scientific Development
Concept, Strongly Push Forward With Anti-Cult Work'' [Shenru guanche
luoshi kexue fazhanguan zhashi tuijin fan xiejiao gongzuo], 8 December
09.
\89\ See, e.g., Jing'an County People's Government (Online),
``Gaohu Launches Warning and Education Plan To Prevent `Falun Gong'
Cult Organization From Using RMB To Carry Out Reactionary Propaganda''
[Gaohu zhen kaizhan fangfan ``falungong'' xiejiao zuzhi liyong renminbi
jinxing fandong xuanchuan de jingshi jiaoyu xuanjiang huodong fang'an],
8 January 10; Lishui County Office of the Leading Group for
Administering the County by Law and Lishui County Bureau of Justice
(Online), ``Lishui County 6-10 Office Organizes Special Study Session
for Transformed `Falun Gong' Practitioners'' [Lishui xian 610
bangongshi zuzhi ``falungong'' zhuanhua renyuan zhuanti xuexi], 21
January 10; Mentougou District People's Government and Party Committee
(Online), ``Deeply Carry Out the Scientific Development Concept,
Strongly Push Forward With Anti-Cult Work'' [Shenru guanche luoshi
kexue fazhanguan zhashi tuijin fan xiejiao gongzuo], 8 December 09;
Pudong District People's Government (Online), ``Comrade Xu Lin's Speech
to the New District Political-Legal Comprehensive Management Work
Meeting'' [Xu lin tongzhi zai xinqu zhengfa zongzhi gongzuo huiyi shang
de jianghua], 1 February 10.
\90\ Ministry of Commerce, Pingjiang County Bureau of Commerce 610
Work Report [Pingjiang xian shangwuju 610 gongzuo huibao], 27 November
09.
\91\ Mentougou District People's Government and Party Committee
(Online), ``Deeply Carry Out the Scientific Development Concept,
Strongly Push Forward With Anti-Cult Work'' [Shenru guanche luoshi
kexue fazhanguan zhashi tuijin fan xiejiao gongzuo], 8 December 09.
\92\ ``Wang Zuo'an: `Interpreting Scripture' and New `Wa'z' ''
[Wang zuo'an: ``jiejing'' yu xin ``wo'erzi''], China Religions
(Online), 7 April 10.
\93\ ``Never Believe Vicious Language, Safeguard Ethnic Unity''
[Juebu qingxin eyan weihu minzu tuanjie], 4 China Muslim 33 (2009). For
additional information on the sermon, see ``Wang Zuo'an: `Interpreting
Scripture' and New `Wa'z' '' [Wang zuo'an: ``jiejing'' yu xin
``wo'erzi''], China Religions (Online), 7 April 10.
\94\ See, e.g., Lingwu Municipal Ethnic and Religious Affairs
Bureau, Concerning Summary of Work in 2009 and Main Points of Work in
2010 [Guanyu 2009 nian gongzuo zongjie ji 2010 nian gongzuo yaodian],
28 October 09, reprinted in Lingwu People's Government (Online), 30
December 09; Yiyang Municipal United Front Work Department (Online),
``Municipal Islamic Association Convenes Second Representative Assembly
and Smoothly Changes Leadership'' [Shi yisilanjiao xiehui zhaokai di er
ci daibiao dahui bing shunli huanjie], 21 December 09; Chengde
Municipal United Front Work Department (Online), ``Put in Heart and
Consolidate Strength, Advance Bravely Hand in Hand Launching New
Dimensions in United Front Work'' [Ning xin ju li xieshou fenjin
kaichuang tongzhan gongzuo xin jumian], 18 March 10; Ningxia Hui
Autonomous Region People's Congress Standing Committee, Report
Concerning Circumstances of Whole Region's Work on the Management of
Religious Affairs [Guanyu quanqu zongjiao shiwu guanli gongzuo
qingkuang de baogao], 7 April 10.
\95\ Wulan County Communist Party Committee Organization
Department, Report on Investigation Into Current Conditions for Venues
for Islamic Activities in Wulan County [Wulan xian yisilanjiao huodong
changsuo xianzhuang diaocha baogao], 18 November 09.
\96\ See Section IV--Xinjiang for information on security
campaigns.
\97\ See examples in this section as well as a document defining
``23 types of illegal religious activities,'' such as ``letting
students pray,'' conducting certain religious practices pertaining to
marriage and divorce, holding private religious instruction classes,
``distorting religious doctrine,'' ``fabricating history,'' ``inciting
religious fanaticism,'' and advocating ``Pan-Islamism'' and ``Pan-
Turkism.'' Autonomous Region Definitions Concerning 23 Kinds of Illegal
Religious Activity [Zizhiqu guanyu 23 zhong feifa zongjiao huodong de
jieding], 2008, arts. 3, 4, 5, 20. For information on human rights
standards, see, e.g., Universal Declaration of Human Rights, adopted
and proclaimed by UN General Assembly resolution 217A (III) of 10
December 48, art. 18; International Covenant on Civil and Political
Rights (ICCPR), adopted by UN General Assembly resolution 2200A (XXI)
of 16 December 66, entry into force 23 March 76, art. 18; International
Covenant on Economic, Social and Cultural Rights, adopted by UN General
Assembly resolution 2200A (XXI) of 16 December 66, entry into force 3
January 76, art. 13(3) (requiring States Parties to ``ensure the
religious and moral education of . . . children in conformity with [the
parents'] own convictions''); Convention on the Rights of the Child,
adopted and opened for signature, ratification, and accession by UN
General Assembly resolution 44/25 of 20 November 89, entry into force 2
September 90, art. 14; Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief,
proclaimed by UN General Assembly resolution 36/55 of 25 November 81.
See General Comment No. 22 to Article 18 of the ICCPR for an official
interpretation of freedom of religion as articulated in the ICCPR.
General Comment No. 22: The Right to Freedom of Thought, Conscience,
and Religion (Art. 18), 30 July 93, para. 1.
\98\ Yuan Lei, ``Nur Bekri Investigates Conditions in Hotan, Kashi,
and Aksu,'' Xinjiang Daily, 18 August 09 (Open Source Center, 11
September 09).
\99\ Xiaokaiti Imin, ``Patriotic Religious Personages Should Bring
Into Play Role of Non-Party Grassroots Cadres'' [Aiguo zongjiao renshi
yao fahui feidang jiceng ganbu zuoyong], Tianshan Net (Online), 16
December 09.
\100\ Xinjiang Uyghur Autonomous Region Government, 2009 Government
Work Report [2009 nian zhengfu gongzuo baogao], 18 January 10.
\101\ ``Women's Federation Undertakes Important Tasks in Promoting
Unity and Safeguarding Stability'' [Fulian zuzhi zai cujin minzu
tuanjie, weihu shehui wending zhong dandang zhongren], People's Daily
(Online), 12 January 10.
\102\ ``Xinjiang Women's Federation: Bring Into Play Role of `Half
the Sky' in Promoting Ethnic Unity and Safeguarding Social Stability''
[Xinjiang fulian: zai cujin minzu tuanjie he weihu shehui wending zhong
fahui ``banbiantian'' zuoyong], People's Daily (Online), 20 November
09; ``Women's Federation Undertakes Important Tasks in Promoting Unity
and Safeguarding Stability'' [Fulian zuzhi zai cujin minzu tuanjie,
weihu shehui wending zhong dandang zhongren], People's Daily (Online),
12 January 10. See additional analysis in ``Xinjiang Authorities
Tighten Controls Over Muslim Women,'' CECC China Human Rights and Rule
of Law Update, No. 5, 4 June 10, 2.
\103\ ``Xinjiang Women's Federation: Bring Into Play Role of `Half
the Sky' in Promoting Ethnic Unity and Safeguarding Social Stability''
[Xinjiang fulian: zai cujin minzu tuanjie he weihu shehui wending zhong
fahui ``banbiantian'' zuoyong], People's Daily (Online), 20 November
09.
\104\ For background on previous proposals to regulate buwi and for
more information on these religious specialists, see ``Xinjiang
Authorities Train, Seek To Regulate Muslim Women Religious Figures,''
CECC China Human Rights and Rule of Law Update, No. 4, 2009, 2.
\105\ ``Xinjiang Women's Federation: Bring Into Play Role of `Half
the Sky' in Promoting Ethnic Unity and Safeguarding Social Stability''
[Xinjiang fulian: zai cujin minzu tuanjie he weihu shehui wending zhong
fahui ``banbiantian'' zuoyong], People's Daily (Online), 20 November
09; ``Women's Federation Undertakes Important Tasks in Promoting Unity
and Safeguarding Stability'' [Fulian zuzhi zai cujin minzu tuanjie,
weihu shehui wending zhong dandang zhongren], People's Daily (Online),
12 January 10. See additional analysis in ``Xinjiang Authorities
Tighten Controls Over Muslim Women,'' CECC China Human Rights and Rule
of Law Update, No. 5, 4 June 10, 2.
\106\ ``Firmly Capture the Cultural Battlefield for Socialist
Thought--Summary of Autonomous Region's 2009 `Sweep Away Pornography
and Strike Down Illegal Publications' Work'' [Laolao zhanling
shehuizhuyi sixiang wenhua zhendi zizhiqu 2009 nian ``saohuang dafei''
gongzuo zongshu], Tianshan Net (Online), 19 January 10.
\107\ Liu Qingxia, ``Urumqi Municipal Public Security Organs Track
Down 13 Tons of Illegal Religious Books'' [Wulumuqi shi gongan jiguan
chahuo 13 dun feifa zongjiao shuji], Xinhua (Online), 10 February 10.
\108\ Aqsu Municipal People's Government (Online), ``Implement Six
Big Projects To Build New Pattern in Community Work'' [Shishi liu da
gongcheng goujian shequ gongzuo xin geju], 26 January 10.
\109\ Ili Kazakh Autonomous Prefecture Government, Bulletin
Regarding Effective Construction Work [Jiguan xiaoneng jianshe gongzuo
jianbao], 6 April 10.
\110\ Study and Practice Activities Office, ``Kashgar District
Deepens Study and Practice Activities for Scientific Development
Concept'' [Kashi diqu shenru xuexi shijian kexue fazhan guan huodong],
13 October 09.
\111\ Xinjiang Uyghur Autonomous Region Government, 2009 Government
Work Report [2009 nian zhengfu gongzuo baogao], 18 January 10. For
reports from lower level governments, see, e.g., Hami District
Government, Hami District 2010 Work Arrangements [Hami diqu xingshu
2010 nian gongzuo anpai], 4 January 10; Turpan District Government,
Turpan District Implements 2009 Notice Number 112: Notice Concerning
Printing and Distributing ``District Administrative Office Party
Leading Group Implementation Plan on Rectifying and Reforming Study and
Practice Activities for Scientific Development Concept'' [Tudi xing
2009 112 hao: guanyu yinfa ``diqu xingshu dangzu xuexi shijian kexue
fazhan guan huodong zhenggai luoshi fang'an'' de tongzhi], 24 August
09; Fuyun County Government (Online), ``Four Measures From Fuyun County
Simultaneously Do Good Job of Work To Curb Scattered Pilgrimages''
[Fuyun xian si cuo bingju zhuahao zhizhi lingsan chaojin gongzuo], 7
April 10; Hoboksar Mongol Autonomous County Government (Online),
``District Convenes United Work Front Department, Ethnic and Religious
Affairs Commission Meeting on Work To Curb Scattered Pilgrimages''
[Diqu zhaokai tongzhan, minzong ji zhizhi lingsan chaojin gongzuo
huiyi], 7 April 10.
\112\ Kashgar District Personnel Bureau, 2010 Shule County
Announcement on Publicly Recruiting Song and Dance Ensemble Performers
[Er ling yi ling nian shule xian mianxiang shehui gongkai zhaopin
wengongtuan biaoyan renyuan gonggao], 5 March 10; Xinjiang Uyghur
Autonomous Region Education Department, 2009 Turpan District
Experimental Middle School Announcement on Recruiting Teachers [2009
nian tulufan diqu shiyan zhongxue mianxiang shehui zhaopin jiaoshi
gonggao], 11 September 09.
\113\ Xinjiang Uyghur Autonomous Region Regulation on the
Protection of Minors [Xinjiang weiwu'er zizhiqu weichengnianren baohu
tiaoli], issued 25 September 09, effective 1 December 09.
\114\ Xinjiang Uyghur Autonomous Region Implementing Measures for
the ``Law on the Protection of Minors'' [Xinjiang weiwu'er zizhiqu
shishi ``weichengnianren baohufa'' banfa], issued 25 September 93,
effective 25 September 93, art. 14.
\115\ Xinjiang Uyghur Autonomous Region Regulation on the
Protection of Minors [Xinjiang weiwu'er zizhiqu weichengnianren baohu
tiaoli], issued 25 September 09, effective 1 December 09, art. 34.
\116\ See analysis in ``New Regulation in Xinjiang Appears To
Expand Controls Over Children's Religious Freedom (Includes Update),''
CECC China Human Rights and Rule of Law Update, No. 1, 8 January 10, 2,
and ``Draft Regulation in Xinjiang Could Strengthen Legal Prohibitions
Over Children's Freedom of Religion,'' CECC China Human Rights and Rule
of Law Update, No. 4, 2009, 3.
\117\ Ili Party Committee Organization Department (Online),
``Strengthen Ethnic Unity Education, Uphold Harmony and Stability on
School Campuses'' [Jiaqiang minzu tuanjie jiaoyu weihu xiaoyuan hexie
wending], 20 May 10. For detailed information on the ``six
forbiddens,'' see Chapchal County Government (Online), ``Compilation of
Questions for Knowledge Contest on `Promoting Unity, Opposing
Separatism, Upholding Stability' '' [``Zengjin tuanjie, fandui fenlie,
weihu wending'' zhishi jingsai ti huibian], 31 August 09.
\118\ ``New Details on Arrests,'' Radio Free Asia (Online), 26 May
10; ``4 Kids of Turghan Polat, Bulaqdadamtu Village, Are Detained''
[Bulaqdadamtu kentidiki turghan polatning 4 perzenti tutqun qilinghan],
Radio Free Asia (Online), 13 May 10.
\119\ Ibid.
\120\ ``Police Raid Quran Group,'' Radio Free Asia (Online), 8 June
10; ``Police in Maralbeshi County Punished Uyghur Women'' [Maralbeshi
nahiyisi saqchiliri uyghur ayallirini jazalidi], Radio Free Asia
(Online), 7 June 10.
\121\ Bureau of Democracy, Human Rights, and Labor, U.S. Department
of State, International Religious Freedom Report--2009, China (includes
Tibet, Hong Kong, and Macau), 26 October 09.
\122\ Ibid.
\123\ Christopher Bodeen, ``Fast-Growing Christian Churches Crushed
in China,'' Associated Press, reprinted in Guardian (Online), 10
December 09.
\124\ The term in Chinese is shenxue sixiang jianshe. For more
information on theological reconstruction, see CECC, 2009 Annual
Report, 10 October 09, 132-35, and ``Official Protestant Church
Politicizes Pastoral Training, `Reconstructs' Theology,'' CECC China
Human Rights and Rule of Law Update, No. 3, 16 March 10, 2.
\125\ In Chinese, the Three-Self Patriotic Movement and the China
Christian Council are commonly referred to as the lianghui (two
organizations), which reflects the fact that the top leadership and
general functions of the two often overlap.
\126\ ``Jia Qinglin Holds New Year's Chat With Leaders of National
Religious Organizations'' [Jia qinglin yu quanguoxing zongjiao tuanti
fuzeren juxing yingchun zuotan], Xinhua (Online), 8 February 10.
\127\ Ibid.
\128\ State Administration for Religious Affairs (Online), ``2010
Welcoming Spring Tea Party for Religious Figures Is Held in Beijing''
[2010 nian zongjiaojie renshi yingchun cha hua hui zai jing juxing], 10
February 10.
\129\ ``Jia Qinglin Holds New Year's Chat With Leaders of National
Religious Organizations'' [Jia qinglin yu quanguoxing zongjiao tuanti
fuzeren juxing yingchun zuotan], Xinhua (Online), 8 February 10.
\130\ See, e.g., Guangdong Ethnic and Religious Affairs Commission
(Online), ``Jieyang Municipal Committee of the Three-Self Movement of
Protestant Churches and China Christian Council Propose Activities To
Push Forward With the Building of Harmonious Churches'' [Jieyangshi
jidujiao lianghui changyi tuidong hexie jiaotang chuangjian huodong],
23 December 09; Hubei Ethnic and Religious Affairs Commission (Online),
``Huangshi Municipal Committee of the Three-Self Movement of Protestant
Churches and China Christian Council Push Ahead With the Study of
Theological Reconstruction'' [Huangshi shi jidujiao ``lianghui'' tuijin
shenxue sixiang jianshe yantao], 1 December 09; Jiangsu Ethnic and
Religious Affairs Commission (Online), ``Huai'an Municipal Committee of
the Three-Self Movement of Protestant Churches and China Christian
Council Along With County (District) TSPM Committees Conduct 2009 Work
Assessment'' [Huai'anshi jidujiao lianghui he xian (qu) sanzijinxing
2009 niandu gongzuo kaoping], 2 February 10; Suzhou Municipal Ethnic
and Religious Affairs Bureau (Online), ``Suzhou Municipal Committee of
the Three-Self Patriotic Movement of Protestant Churches and China
Christian Council Convene 2009 Summary Work and Report Meeting''
[Suzhoushi jidujiao lianghui zhaokai 09 niandu zongjie gongzuo ji
shuzhi huiyi], 27 January 10. For more information, see also ``Official
Protestant Church Politicizes Pastoral Training, `Reconstructs'
Theology,'' CECC China Human Rights and Rule of Law Update, No. 3, 16
March 10, 2.
\131\ See, e.g., ChinaAid (Online), ``Handan Officials Disrupt
Worship Concert and Beat Christians,'' 9 January 10; ChinaAid (Online),
``Korla Police and Farm Leaders Burn Bibles and Persecute Elderly
Christians,'' 8 January 10; ChinaAid (Online), ``Shuozhou Pastor's Home
Destroyed; 6 Christian Leaders Detained,'' 28 January 10; ``Fate of
Church Members Unknown,'' Radio Free Asia (Online), 11 January 10;
``Nanyang Authorities Bust Theology Class, Disperse Over 30 Christian
Students'' [Nanyang dangju chachao shenxue ban, qusan sanshi duo jidu
tu xueyuan], Radio Free Asia (Online), 12 March 10; ``Suining House
Church: Eight People Detained, Two Beaten'' [Suining jiating jiaohui ba
ren bei kou liang ren bei da], Radio Free Asia (Online), 18 May 2010;
Verna Yu, ``Christians' Detention Sparks Concern,'' South China Morning
Post (Online), 11 January 10.
\132\ See, e.g., Qian Xinan Prefectural People's Government, Qian
Xinan Prefectural Government Report Concerning Circumstances of
Religious Work [Qian xinan zhou renmin zhengfu guanyu zongjiao gongzuo
qingkuang de baogao], 11 March 10; Wuxi Municipal Bureau of Ethnic and
Religious Affairs, ``Wuxi Municipal Bureau of Ethnic and Religious
Affairs Report Regarding 2009 Moving Forward With Administrative Work''
[Wuxi shi minzu zongjiao shiwu ju guanyu 2009 niandu tuijin yifa
xingzheng gongzuo qingkuang baogao], 8 April 10.
\133\ See, e.g., Cara Anna, ``China Blocks Unregistered Church
Service Again,'' Associated Press, reprinted in Washington Post
(Online), 15 November 09; ``Gathering of 700 Shouwang Church Members
Blocked'' [Shouwang jiaohui 700 jiaotu juhui shouzu], Radio Free Asia
(Online), 9 November 09; ``Protestant Clergyman Arrested in
Guangzhou,'' AsiaNews (Online), 11 May 10; Verna Yu, ``Police Detained
Clergymen To Disrupt Service, Church Says,'' South China Morning Post
(Online), 23 November 09; ``Wang Dao of Liangren Church Detained, Home
Searched; Believers Meet for First Time at Park, Dispersed'' [Liangren
jiaohui wang dao bei chaojia ji juliu; xintu shouci gongyuan juhui bei
qusan], Radio Free Asia (Online), 9 May 10.
\134\ Cara Anna, ``China Blocks Unregistered Church Service
Again,'' Associated Press, reprinted in Washington Post (Online), 15
November 09; ``Gathering of 700 Shouwang Church Members Blocked''
[Shouwang jiaohui 700 jiaotu juhui shouzu], Radio Free Asia (Online), 9
November 09.
\135\ Verna Yu, ``Police Detained Clergymen To Disrupt Service,
Church Says,'' South China Morning Post (Online), 23 November 09.
\136\ Ibid.
\137\ Ibid.
\138\ ``Protestant Clergyman Arrested in Guangzhou,'' AsiaNews
(Online), 11 May 10; ``Wang Dao of Liangren Church Detained, Home
Searched; Believers Meet for First Time at Park, Dispersed'' [Liangren
jiaohui wang dao bei chaojia ji juliu; xintu shouci gongyuan juhui bei
qusan], Radio Free Asia (Online), 9 May 10.
\139\ ChinaAid (Online), ``Wang Dao Released on Bail, Awaiting
Trial,'' 14 June 10; ChinaAid (Online), ``Pastor Bike Visits Wang
Dao,'' 22 June 10.
\140\ ChinaAid (Online), ``Guangzhou Pastor Wang Dao Calls for
Continuing Prayer To Fight'' [Guangzhou wang dao mushi huyu jixu daogao
zhengzhan], 18 August 10; ChinaAid (Online), ``News Flash: Pastor Wang
Dao Taken Away by Public Security Personnel Again, Released After Brief
Detention'' [Kuai xun: wang dao mushi zai ci bei guo'an dai zou,
duanzan kouya hou shifang], 13 August 10.
\141\ ChinaAid (Online), ``Pastor Zhang Mingxuan and Wife
Released'' [Zhang mingxuan mushi fufu huoshi], 15 June 10.
\142\ ChinaAid (Online), ``By Dawn's Early Light: 400 Launch
Violent Attack on Fushan House Church,'' 15 September 09; ``Shanxi
Linfen Household Church Endures an Escalation in Government Pressure''
[Shanxi linfen jiating jiaohui shou zhengfu daya shengji], Radio Free
Asia (Online), 21 September 09; ``Protestant Church Destroyed by Police
in Shanxi, Dozens of Faithful Wounded,'' AsiaNews (Online), 17
September 09.
\143\ ChinaAid (Online), ``By Dawn's Early Light: 400 Launch
Violent Attack on Fushan House Church,'' 15 September 09; ``Protestant
Church Destroyed by Police in Shanxi, Dozens of Faithful Wounded,''
AsiaNews (Online), 17 September 09.
\144\ Ibid.
\145\ ChinaAid (Online), ``By Dawn's Early Light: 400 Launch
Violent Attack on Fushan House Church,'' 15 September 09; ChinaAid
(Online), ``Linfen Fushan Church Leaders Rushed to Trial Without
Notice,'' 13 November 09.
\146\ ``Protestant Church Destroyed by Police in Shanxi, Dozens of
Faithful Wounded,'' AsiaNews (Online), 17 September 09.
\147\ ``Shanxi Linfen Household Church Endures an Escalation in
Government Pressure'' [Shanxi linfen jiating jiaohui shou zhengfu daya
shengji], Radio Free Asia (Online), 21 September 09.
\148\ Linfen City Ethnic and Religious Affairs Bureau, ``Ding
Wenlu, Linfen Municipal Party Committee Standing Committee Member and
Head of United Front Work Department, Inspects the City's Ethnic and
Religious Work'' [Linfen shi wei changwei, tongzhanbu zhang ding wenlu
diaoyan shi minzu zongjiao gongzuo], reprinted in Linfen Municipal
People's Government (Online), 18 November 09.
\149\ Ibid.
\150\ Linfen City Ethnic and Religious Affairs Bureau, ``Linfen
Municipal Party Committee Secretary Xie Hai Stresses the Strengthening
of Ethnic and Religious Work in Practical Ways'' [Linfen shi wei shuji
xie hai qiangdiao yao qieshi jiaqiang minzu zongjiao gongzuo],
reprinted in Linfen Municipal People's Government (Online), 18 November
09.
\151\ Ibid.
\152\ ChinaAid (Online), ``Fushan House Church Christian Sentenced
to 7-Years in Prison,'' 25 November 09.
\153\ ChinaAid (Online), ``10 More Arrested After Detainees Refuse
To Leave Without Fellow Linfen Pastor,'' 18 October 09.
\154\ ``China Sentences 5 Church Leaders to Labor Camp,''
Associated Press (Online), reprinted in Washington Post, 2 December 09.
\155\ ChinaAid (Online), ``Fushan House Church Christian Sentenced
to 7-Years in Prison,'' 25 November 09.
\156\ Ibid.
\157\ Ibid.; ``Linfen Golden Lamp Church To Be Demolished After Two
Sessions'' [Linfen jindengtang jiaotang ``lianghui'' hou jiang bei
dangju qiangchai], Radio Free Asia (Online), 5 March 10.
\158\ ChinaAid (Online), ``Prominent Chinese Legal Researcher
Abruptly Dismissed for `Political Reasons,' '' 3 November 09.
\159\ ChinaAid (Online), ``Human Rights Lawyer Banned From Entering
Linfen Court, Barred From Travel,'' 13 July 10; ``Christians Come Under
Attack in China,'' Toronto Star (Online), 7 August 10.
\160\ ``China Moves Uyghur Christian Prisoner, Allows Family
Visit,'' Compass Direct News (Online), 29 April 10.
\161\ Ibid.; ``Second Trial for Alimjan Affirms First Ruling of 15
Year Prison Sentence'' [Alimujiang an ershen caiding weichi yuanpan
shiwu nian tuxing], Radio Free Asia (Online), 7 April 10.
\162\ ``China Moves Uyghur Christian Prisoner, Allows Family
Visit,'' Compass Direct News (Online), 29 April 10.
\163\ Ibid.
\164\ U.S. Commission on International Religious Freedom (USCIRF),
``Countries of Particular Concern: People's Republic of China,'' Annual
Report 2010, May 2010, 112.
\165\ ``Religious Rights Abuses Cited,'' Compass Direct News
(Online), 7 May 09; ``Tortured Christian Lawyer Arrested as Officials
Deny Abuses,'' Compass Direct News (Online), 11 February 09.
\166\ The Chinese term is xiejiao zuzhi. In 1995, the State Council
and the Communist Party Central Committee formally outlawed a number of
``heretical'' or ``cult'' groups with Protestant roots. ``Selection of
Cases From the Criminal Law: Banned Protestant Groups,'' Occasional
Publications of the Dui Hua Foundation, No. 12, February 2003, iii.
Article 300 of the PRC Criminal Law outlaws ``using cult organizations
to undermine the implementation of the law.'' PRC Criminal Law, enacted
1 July 79, amended 14 March 97, effective 1 October 97, amended 25
December 99, 31 August 01, 29 December 01, 28 December 02, 28 February
05, 29 June 06, 28 February 09, art. 300.
\167\ Fengang Yang, ``The Red, Black, and Gray Markets of Religion
in China,'' 47 Sociological Quarterly 93, 106-108 (2006). It is unknown
how many members of these groups have been arrested or detained in
recent years, but the total has likely risen on account of the
extensive ``anti-cult'' crackdown of the last decade. For more
information on the scale of the anti-cult crackdown, see CECC, 2008
Annual Report, 31 October 08, 87-93. In the 17 months prior to the July
1999 commencement of the anti-cult crackdown, the Ministry of Public
Security reported over 20,000 arrests of ``cult'' members from mostly
Protestant groups. ``Selection of Cases From the Criminal Law: Banned
Protestant Groups,'' Occasional Publications of the Dui Hua Foundation,
No. 12, February 2003, iv.
\168\ Ministry of Public Security, Circular on Several Issues With
Designating and Banning Cult Organizations [Gong'an bu guanyu rending
he qudi xiejiao zuzhi ruogan wenti de tongzhi], 30 April 00.
\169\ The government labeled the church a ``counterrevolutionary
group'' in 1983 and designated it a ``cult organization'' in 1995.
``Selection of Cases From the Criminal Law: Banned Protestant Groups,''
Occasional Publications of the Dui Hua Foundation, No. 12, February
2003, vii; Ministry of Public Security, Circular on Several Issues With
Designating and Banning Cult Organizations [Gong'an bu guanyu rending
he qudi xiejiao zuzhi ruogan wenti de tongzhi], 30 April 00.
\170\ Three-Self Patriotic Movement Committee of the Protestant
Churches of Beijing's Fengtai District (Online), ``Promoting Harmony,
Everyone Has a Duty'' [Cujin hexie, renren youze], 11 July 08.
\171\ ChinaAid (Online), ``The Oppression of Linfen-Fushan Church
Continues,'' 7 October 09. See Major Cases of Harassment, Detention,
and Interference With Places of Worship in this section for more
information.
\172\ Ibid.
\173\ ChinaAid (Online), ``10 More Arrested After Detainees Refuse
To Leave Without Fellow Linfen Pastor,'' 18 November 09.
\174\ ChinaAid (Online), ``Shuozhou Pastor's Home Destroyed; 6
Christian Leaders Detained,'' 28 January 10.
\175\ ``Five Members of House Church in Shuozhou, Shanxi Formally
Arrested'' [Shanxi shuozhou wu ming jiating jiaohui jiaoyou bei
zhengshi daibu], Radio Free Asia (Online), 2 February 10.
\176\ ChinaAid (Online), ``Christians in Shangqiu, Henan Including
Gao Jianli Bring Suit Against RTL Committee, Rejected'' [Henan shangqiu
jidutu gao jianli deng su laojiao wei bei bohui], 3 August 10; ChinaAid
(Online), ``Court Upholds Decision Sentencing Two Henan Christians,'' 3
August 10.
\177\ Ibid.
\178\ The word ``Taoism'' and its derivatives are also often
spelled with a ``D'' instead of a ``T,'' e.g., ``Daoism'' or
``Daoist.''
\179\ Article 3 of the Chinese Taoist Association (CTA)
Constitution says that the State Administration for Religious Affairs
is the ``administrative unit in charge of'' the CTA. Constitution of
the Chinese Taoist Association [Zhongguo daojiao xiehui zhangcheng],
enacted 24 June 05, art. 3.
\180\ See, e.g., case studies from ``China-Taoist, Buddhist
Associations' Websites Suggest Constraints,'' Open Source Center, 23
November 09.
\181\ Chinese Taoist Association (Online), ``Chinese Taoist
Association's Eighth National Conference Convenes in Beijing''
[Zhongguo daojiao xiehui di ba ci quanguo daibiao huiyi zai jing
kaimu], 22 June 10.
\182\ See, e.g., Changsha Municipal Ethnic and Religious Affairs
Bureau, Circular Regarding the Breakdown of the Changsha Municipal
Ethnic and Religious Affairs Bureau's Official Law Enforcement Powers
[Guanyu changsha shi minzu zongjiao shiwu ju zhifa zhiquan fenjie de
tongzhi], 1 December 09; Wuzhong District Ethnic and Religious Affairs
Bureau (Online), District Ethnic and Religious Affairs Bureau 2009 Work
Summary and 2010 Work Plans [Qu minzong ju 2009 niandu gongzuo zongjie
ji 2010 niandu gongzuo dasuan], 22 December 09.
\183\ See, e.g., Wuxi Municipal Park Administration Center,
Opinions Regarding Doing Religious Safety and Stability Work Well
During the Shanghai 2010 World Expo [Guanyu zuohao shibo qijian
zongjiao anquan wending gongzuo de yijian], 17 April 10; Wuzhong
District Ethnic and Religious Affairs Bureau, District Ethnic and
Religious Affairs Bureau 2009 Work Summary and 2010 Work Plans [Qu
minzong ju 2009 niandu gongzuo zongjie ji 2010 niandu gongzuo dasuan],
22 December 09.
\184\ Wuxi Municipal Park Administration Center, Opinions Regarding
Doing Religious Safety and Stability Work Well During the Shanghai 2010
World Expo [Guanyu zuohao shibo qijian zongjiao anquan wending gongzuo
de yijian], 17 April 10.
\185\ Provisions on the Management of the Religious Activities of
Foreigners Within the PRC [Zhonghua renmin gongheguo jingnei waiguoren
zongjiao huodong guanli guiding], issued 31 January 94, effective 31
January 94, art. 4; Detailed Implementing Rules for the Provisions on
the Management of the Religious Activities of Foreigners Within the PRC
[Zhonghua renmin gongheguo jingnei waiguoren zongjiao huodong guanli
guiding shishi xize], issued 26 September 00, effective 26 September
00, arts. 7, 17(5).
\186\ The Church of Jesus Christ of Latter-day Saints (Online),
``Statement From the First Presidency,'' 30 August 10; The Church of
Jesus Christ of Latter-day Saints (Online), ``Church in Talks To
`Regularize' Activities in China,'' 30 August 10.
\187\ Heilongjiang Regulation on the Management of Religious
Affairs [Heilongjiangsheng zongjiao shiwu guanli tiaoli], issued 12
June 97, effective 1 July 97, art. 2; Inner Mongolia Autonomous Region
Implementing Measures for the Management of Venues for Religious
Activity [Nei menggu zizhiqu zongjiao huodong changsuo guanli shishi
banfa], issued 23 January 96, effective 23 January 96, art. 2.
\188\ ``An Orthodox View,'' Global Times (Online), 4 January 10.
\189\ Department for External Church Relations of the Russian
Orthodox Church (Online), ``Talks on Russian-Chinese Relations in
Religious Sphere Held in Beijing,'' 17 November 09; State
Administration for Religious Affairs (Online), ``Vice-Director Jiang
Jianyong Sees Delegation From the Presidential Council for Cooperation
With Religious Organizations'' [Jiang jianyong fujuzhang huijian eluosi
zongtong zhishu de zongjiao tuanti hezuo weiyuanhui daibiaotuan
yixing], 18 November 09.
\190\ For detailed information, see CECC, 2009 Annual Report, 10
October 09, 141.
Notes to Section II--Ethnic Minority Rights
\1\ See generally PRC Regional Ethnic Autonomy Law, enacted 31 May
84, effective 1 October 84, amended 28 February 01.
\2\ Ibid., preamble.
\3\ See discussion within for more information on restrictions on
ethnic minority rights in China. For a detailed discussion of the
relevant domestic legal framework, see Special Focus for 2005: China's
Minorities and Government Implementation of the Regional Ethnic
Autonomy Law in CECC, 2005 Annual Report, 11 October 05, 13-23.
Regarding international human rights standards, see, e.g., the
Universal Declaration of Human Rights, adopted and proclaimed by UN
General Assembly resolution 217 A (III) of 10 December 48, arts. 2, 7;
International Covenant on Civil and Political Rights (ICCPR), adopted
by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry
into force 23 March 76, arts. 2(1), 26, 27; International Covenant on
Economic, Social, and Cultural Rights (ICESCR), adopted by UN General
Assembly resolution 2200A (XXI) of 16 December 66, entry into force 3
January 76, art. 2(2); Convention on the Rights of the Child (CRC),
adopted and opened for signature, ratification, and accession by UN
General Assembly resolution 44/25 of 20 November 89, entry into force 2
September 90, arts. 2(1), 30. See generally International Convention on
the Elimination of All Forms of Racial Discrimination (CERD), adopted
and opened for signature and ratification by UN General Assembly
resolution 2106 (XX) of 21 December 65, entry into force 4 January 69.
Article 1(1) of CERD defines racial discrimination to mean ``any
distinction, exclusion, restriction or preference based on race,
colour, descent, or national or ethnic origin which has the purpose or
effect of nullifying or impairing the recognition, enjoyment or
exercise, on an equal footing, of human rights and fundamental freedoms
in the political, economic, social, cultural or any other field of
public life.'' China is a party to the ICESCR and the CRC, and a
signatory to the ICCPR. China signed the ICCPR in 1998. The Chinese
Government has committed to ratifying the ICCPR and says it is taking
concrete steps to prepare for ratification. In November 2009, a Joint
Statement of the 12th EU-China Summit said, ``The EU welcomed China's
commitment to ratifying the [ICCPR] as soon as possible.'' Joint
Statement of the 12th EU-China Summit, reprinted in China Internet
Information Center (Online), 30 November 09. In October 2009,
Ambassador Liu Zhenmin, China's Deputy Permanent Representative to the
United Nations, said, ``At present, legislative, judicial and
administrative reforms are under way in China with a view to aligning
our domestic legislation with the provisions of the [ICCPR] and paving
the way for its ratification.'' Permanent Mission of the People's
Republic of China to the UN (Online), ``Statement by H.E. Ambassador
Liu Zhenmin, Deputy Permanent Representative of China to the United
Nations, at the Third Committee of the 64th Session of the General
Assembly on the Implementation of Human Rights Instruments (Item
69A),'' 20 October 09. In its 2009-2010 National Human Rights Action
Plan issued in April 2009, the Chinese Government stated that the ICCPR
was one of the ``fundamental principles'' on which the plan was framed,
and that the government ``will continue legislative, judicial and
administrative reforms to make domestic laws better linked with this
Covenant, and prepare the ground for approval of the ICCPR.'' State
Council Information Office, National Human Rights Action Plan of China
(2009-2010), Xinhua (Online), 13 April 09, introduction, sec. V(1). In
February 2009, during the UN Human Rights Council's Universal Periodic
Review of the Chinese Government's human rights record, the Chinese
Government supported recommendations made by Member States that China
ratify the ICCPR. Chinese officials said China was in the process of
amending domestic laws, including the criminal procedure law and laws
relating to reeducation through labor, to make them compatible with the
ICCPR. UN GAOR, Hum. Rts. Coun., 11th Sess., Report of the Working
Group on the Universal Periodic Review--China, A/HRC/11/25, 3 March 09,
paras. 63, 114(1).
\4\ International Covenant on Civil and Political Rights, adopted
by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry
into force 23 March 76, art. 27.
\5\ For a discussion of longstanding controls over how ethnic
groups may express their ethnicity, see CECC, 2009 Annual Report, 10
October 09, 147.
\6\ Due to imprecision that can be engendered in the translation
process, some scholars writing in English choose to leave the term
minzu untranslated. See, e.g., Gardner Bovingdon, ``Autonomy in
Xinjiang: Han Nationalist Imperatives and Uyghur Discontent,'' East-
West Center Washington 2004, Policy Studies 11, 49 (endnote 4);
Jonathan N. Lipman, Familiar Strangers: A History of Muslims in
Northwest China (Seattle: University of Washington Press, 1997), xx-
xxv. This section uses ``ethnic minorities'' both to refer to the
status of such groups as defined in international human rights
instruments and in reference to China's categorizations of shaoshu
minzu. While recognizing the challenges of translating the term, this
section follows the Chinese Government's and media's current use of
``ethnicity'' when referring to minzu in English-language publications
and in the official name of the State Ethnic Affairs Commission (guojia
minzu shiwu weiyuanhui).
\7\ State Council Information Office, White Paper on Ethnic Policy,
China Daily (Online), 27 September 09. For other examples defending
state policy, see, e.g., Choi Chi-Yuk, ``Policies Not To Blame for
Rioting, Official Says,'' South China Morning Post, 22 July 09 (Open
Source Center, 22 July 09); ``FYI--CCTV-4 Live Coverage of PRC State
Council Press Conference on Ethnic Policy,'' Open Source Center, 21
July 09; ``Chinese Vice Premier Stresses Ethnic Unity,'' China Daily,
22 December 09 (Open Source Center, 22 December 09); ``Sita: Our
Country's Regional Ethnic Autonomy System Is a Success'' [Sita: woguo
de minzu quyu zishi zhidu shi chenggong de], People's Daily, reprinted
in United Front Work Department (Online), 8 March 10; ``Hui Liangyu
Stresses at Plenary Session of State Ethnic Affairs Commission Going a
Step Further To Ramp Up the Foundation of Ethnic Work and Promote Great
Unity for All Ethnic Groups and Accelerated Development in Ethnic
Areas'' [Hui liangyu zai guojia minwei weiyuan quanti huiyi shang
qiangdiao jinyibu hangshi minzu gongzuo de jichu cujin ge minzu
datuanjie he minzu diqu jiakuai fazhan], Xinhua, reprinted in State
Ethnic Affairs Commission (Online), 21 December 10.
\8\ For general statements, see, e.g., ``Absolute Equality for All
Ethnicities Is the Cornerstone of China's Ethnic Policy'' [Ge minzu
yilu pingdeng shi zhongguo minzu zhengce de jishi], Seeking Truth
(Online), 16 November 09; Central Propaganda Bureau and State Ethnic
Affairs Commission, Outline Concerning Propaganda and Education on the
Party and State's Ethnic Policy [Dang he guojia minzu zhengce xuanchuan
jiaoyu tigang], 5 February 09 (estimated date). For more information on
official statements blaming events in Tibet in 2008 and in the XUAR in
2009 on overseas ``hostile forces,'' see, e.g., CECC, 2008 Annual
Report, 31 October 08, 185-186; CECC, 2009 Annual Report, 10 October
09, 249.
\9\ See, e.g., ``Views of Beijing Experts on `Xinjiang' Ethnic
Relations Issue'' [Bengdiki mutexessislerning `shinjang'diki milletler
munasiwiti mesilisi heqqidiki qarashliri], Radio Free Asia (Online), 17
November 09; ``Prominent Tibetan Communist Yangling Dorje's Critique of
China's Ethnic and Religious Affairs Policy,'' Tibetan Culture Net, 31
December 09 (Open Source Center, 7 January 10); Raymond Li, ``Delegate
Dares To Challenge Official Policy on Xinjiang,'' South China Morning
Post, 9 March 10 (Open Source Center, 9 March 10).
\10\ State Council Information Office, White Paper on Ethnic
Policy, China Daily (Online), 27 September 09.
\11\ See the following documents issued in 2008 and 2009: Central
Propaganda Bureau and State Ethnic Affairs Commission, Outline
Concerning Propaganda and Education on the Party and State's Ethnic
Policy [Dang he guojia minzu zhengce xuanchuan jiaoyu tigang], 5
February 09 (estimated date); Ministry of Education and State Ethnic
Affairs Commission, Guiding Program on Ethnic Unity Education in
Schools (Trial) [Xuexiao minzu tuanjie jiaoyu zhidao gangyao
(shixing)], issued 26 November 08. For analysis, see CECC, 2009 Annual
Report, 10 October 09, 145-146.
\12\ ``CPC Vows To Crack Down on `Ethnic Separatist Activities,' ''
Xinhua, reprinted in China Daily (Online), 18 September 09; Jia Nan,
``State Ethnic Affairs Commission: Stress Great Efforts in 2010 in
Implementation of Ethnic Policy and Blazing Trails'' [Guojia minwei:
2010 nian tuchu zhuahao minzu zhengce luoshi he chuangxin deng],
Xinhua, reprinted in PRC Central People's Government (Online), 24
December 09; State Ethnic Affairs Commission (Online), ``Central
Propaganda Bureau, United Front Work Department, and State Ethnic
Affairs Commission Put Forth `Opinion on Further Launching Activities
To Establish Ethnic Unity and Progress' '' [Zhongyang xuanchuanbu,
zhongyang tongzhanbu, guojia minwei chutai ``guanyu jinyibu kaizhan
minzu tuanjie jinbu chuangjian huodong de yijian''], 4 March 10;
Central Propaganda Bureau, United Front Work Department, and State
Ethnic Affairs Commission, Opinion on Further Launching Activities To
Establish Ethnic Unity and Progress [Guanyu jinyibu kaizhan minzu
tuanjie jinbu chuangjian huodong de yijian], issued 1 February 10.
\13\ See, e.g., Inner Mongolia Autonomous Region Education
Department Opinion on Further Strengthening Implementation of Ethnic
Unity Propaganda and Education Activities in All Levels and Types of
Schools Throughout the Region [Neimenggu zizhiqu jiaoyuting guanyu zai
quanqu geji gelei xuexiao jinyibu jiaqiang minzu tuanjie xuanchuan
jiaoyu huodong de shishi yijian], issued 9 September 09; ``Beijing To
Drive Ahead Wholeheartedly With `Five Enters' Project for Ethnic Unity
Education [Beijing jiang quanli tuijin minzu tuanjie jiaoyu ``wu jin''
gongcheng], China Ethnicities News (Online), 19 January 10; Qingdao
Ethnic and Religious Affairs Bureau, ``Qingdao Drafts `Opinion on
Carrying Out in Deep-Going Way Ethnic Unity Propaganda and Education
Activities' '' [Qingdao shi zhiding ``guanyu shenru kaizhan minzu
tuanjie xuanchuan jiaoyu huodong de yijian''], reprinted in State
Ethnic Affairs Commission (Online), 18 January 10; ``Highlights:
Reports on Ethnic Stability Issues in PRC Provinces 1 Dec 09-28 Feb
10,'' Open Source Center, 30 March 10.
\14\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. III(1).
\15\ Yu Xiaojie, ``Uphold a People-Centered Approach and Revel in
the Light of Human Rights--Roundup at the Midpoint of the `National
Human Rights Action Plan (2009-2010),' '' Xinhua, 4 December 09 (Open
Source Center, 13 December 09).
\16\ State Ethnic Affairs Commission, Opinion on Improving Work on
the Management of Ethnic Minority Languages [Guojia minwei guanyu zuo
hao shaoshu minzu yuyan wenzi guanli gongzuo de yijian], issued 14 May
10; Communist Party Central Committee and State Council, Outline of
National Plan for Medium and Long-Term Education Reform and Development
(2010-2020) [Guojia zhong changqi jiaoyu gaige he fazhan guihua
gangyao], issued 29 July 10. For a summary of aspects of the July plan,
see ``China Vows Stronger Support for Education for Ethnic Minority
Groups,'' Xinhua (Online), 30 July 10.
\17\ State Ethnic Affairs Commission, Opinion on Improving Work on
the Management of Ethnic Minority Languages [Guojia minwei guanyu zuo
hao shaoshu minzu yuyan wenzi guanli gongzuo de yijian], issued 14 May
10, art. 2(5); Communist Party Central Committee and State Council,
Outline of National Plan for Medium and Long-Term Education Reform and
Development (2010-2020) [Guojia zhong changqi jiaoyu gaige he fazhan
guihua gangyao], issued 29 July 10, art. 27.
\18\ See Section IV--Xinjiang for more information as well as,
e.g., Ben Blanchard, ``Tibetans' Mother Tongue Faces Tide of Chinese,''
Reuters, reprinted in Washington Post (Online), 13 July 10.
\19\ See, e.g., Human Rights in China (Online), ``China: Minority
Exclusion, Marginalization and Rising Tensions,'' 2007, 22-24; Keith B.
Richburg, ``China's Push To Develop Its West Hasn't Closed Income Gap
With East, Critics Say,'' Washington Post (Online), 29 June 10. See
also CECC, 2009 Annual Report, 10 October 09, 263-64, 282-88.
\20\ See, e.g., ``Premier Wen Says China Will Continue Developing
Western Region,'' Xinhua (Online), 16 October 09; ``Chinese Leaders
Call for More Efforts To Develop West,'' Xinhua (Online), 6 July 10;
``100 Billion To Go to Poorer West China,'' China Daily (Online), 7
July 10; Lan Xinzhen, ``What's Best for the West,'' Beijing Review, 19
July 10 (Open Source Center, 20 July 10).
\21\ ``Transcript of Interview With Inner Mongolia Autonomous
Region Assistant Chairman, Public Security Department Head Zhao
Liping'' [Neimeng zizhiqu zhuxi zhuli, gongan tingzhang zhao liping
fangtan wenzi shilu], People's Daily, reprinted in Police Net (Online),
4 December 09.
\22\ Inner Mongolia Autonomous Region Education Department, Opinion
on Further Strengthening Implementation of Ethnic Unity Propaganda and
Education Activities in All Levels and Types of Schools Throughout the
Region [Neimenggu zizhiqu jiaoyuting guanyu zai quanqu geji gelei
xuexiao jinyibu jiaqiang minzu tuanjie xuanchuan jiaoyu huodong de
shishi yijian], issued 9 September 09.
\23\ For general information, see, e.g., CECC, 2009 Annual Report,
10 October 09, 149. For reports from the past year, see, e.g., Emma
Graham-Harrison, ``China To Speed Up Clearing Nomads From Grasslands,''
Reuters (Online), 8 July 10; Etuokeqian Banner People's Government
(Online), ``Etuokeqian Banner's Smooth Headway on Major Projects and
Key Projects Pushed Forward in One Quarter'' [Eqian qi yi jidu
zhongdian tuijin de zhongyao xiangmu ji zhongdian xiangmu jinzhan
shunli], 19 April 10; ``Ordos City Prohibits Wholesale Transfer of
Population in Development Zone, Transfer Carried Out in Orderly [Way]''
[E'erduosi shi jinzhi kaifaqu renkou zhengti banqian zhuanyi youxu
tuijin], Xinhua (Online), 13 October 09; ``China Spends 6.5 Bln Yuan
Protecting Northern Grasslands,'' Xinhua (Online), 7 December 09.
\24\ Gregory Veeck and Charles Emerson, ``Develop the West
Assessed: Economic and Environmental Change in Inner Mongolia
Autonomous Region, People's Republic of China 2000-2005,'' 25 (Nos. 1
and 2) Asian Geographer 61 (2006) (based on information on page 13 of
prepublication article on file with the Commission); China's Ethnic
Regional Autonomy Law: Does It Protect Minority Rights? Staff
Roundtable of the Congressional-Executive Commission on China, 11 April
05, Testimony of Christopher P. Atwood, Associate Professor, Department
of Central Eurasian Studies, Indiana University; Dee Mack Williams,
Beyond Great Walls (Stanford: Stanford University Press, 2002), 40-60;
Qiu Lin, ``Scholars Urge Improving Grassland Policies,'' Xinhua
(Online), 31 July 09.
\25\ Southern Mongolian Human Rights Information Center (Online),
``Principal of Mongol-Tibetan Medical School Arrested in Mongolia by
Chinese Police,'' 19 October 09. For an account of the incident in a
Mongolian newspaper, see ``General D. Murun Says Mongolian Police
Helped Chinese,'' Zuunii Medee, 28 October 09, translated in Southern
Mongolian Human Rights Information Center (Online).
\26\ Southern Mongolian Human Rights Information Center (Online),
``Southern Mongolian Representative to United Nations Conference
Arrested at Beijing Airport,'' 23 April 10. Sources cited in a July
2010 Amnesty International report conjectured that Sodmongol was held
in detention in Chaoyang city, Liaoning province, and that the
procuratorate was investigating the case, but officials have not
confirmed his whereabouts, according to the report. Amnesty
International (Online), ``Document--China: Ethnic Mongolian Activist
Detained in China: Sodmongol,'' 15 July 10.
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