Running head: RELIGIOUS POLICY IN CHINA 1 Religious Policy in China: Can It Be Called Freedom? Briana M. Weiland University of Southern California
RELIGIOUS POLICY IN CHINA 2 Many international legislations and treaties address world standards for human rights regarding freedom of religion (Cox, 2007; Kolodner, 1994; Reinstein, 2004). Despite world standards and optional sanctions, the People s Republic of China (PRC) continues to stretch the boundaries in regard to discrimination on the basis of religion (Cox, 2007; Reinstein, 2004). The following will address the perspective of the PRC through past and present religious policy in China, followed by examples of discrimination and the perspective of human rights policy. Finally this paper will conclude with a recommendation as to the position that should be adopted by the PRC. Past Religious Policy in China Current religious policy in China is heavily influenced by its historical religious traditions. Most Chinese rulers were either Pantheists or Atheist prior to the more than two thousand year influence of Confucianism (Huanzhong, 2003; Kolodner, 1994). The influence of Confucian philosophy resulted in a long standing tradition of equating religion with superstition (Kolodner, 1994). This belief led to Confucian political power creating a standard for religious activities and suppressing the development of religious movements (Kolodner, 1994). One such example of this suppression was a law that stated that anyone who worshipped outside of officially recognized religious activities would be whipped with eighty slashes of a stick (Kolodner, 1994). Construction of private worship sites was also prohibited and anyone who distributed heretical religious literature was subject to decapitation as consequence (Kolodner, 1994). When allowance of Chinese religious development occurred, it merely served the purpose of creating allies and pacifying enemies in order to achieve military stability (Huanzhong, 2003).
RELIGIOUS POLICY IN CHINA 3 Current Religious Policy in China China s current religious policy states that religious belief is protected within normal religious activities (Religion, 2004). Article 36 of the Constitution of the PRC (1982) reads: 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 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. Religious bodies and religious affairs are not subject to any foreign domination. (Article 36) Kolodner (1994) writes that this article guarantees protection of religious belief; however, it only protects normal religious activities. Normal religious activities are permitted to occur in approved places of religious activity, which are protected from the spread of Atheism or antireligion (Kolodner, 1994). The Shanghai Religious Affairs Bureau (as cited in Cox, 2007) states that Buddhism, Taoism, Islam, Catholicism and Protestantism are considered normal religions, religions outside of this definition are considered evil cults. Normal Religions In order to maintain control of religious freedom, religions must be registered with the government (Kolodner, 1994). The following religions are approved and registered with the government of the PRC (Huanzhong, 2003; Kolodner, 1994). Confucianism and Taoism originated in China and are therefore acceptable to practice (Kolodner, 1994). Buddhism entered the nation of China via merchants in the first century A.D. and has since become a registered religion (Kolodner, 1994). In the mid-eighth century A.D., people of Xinjiang converted to
RELIGIOUS POLICY IN CHINA 4 Islam, which later became an approved religion. (Kolodner, 1994). Christianity and Catholicism are the final two approved religions in the PRC (Huanzhong, 2003; Kolodner, 1994). Although permanent roots in Christianity were not established until the late sixteenth century, discovery of ancient relics suggest that Christianity may have entered the nation of China during the Roman Empire (Huanzhong, 2003; Kolodner, 1994). Similarly, Catholicism was introduced to China seven centuries prior to its establishment in the fourteenth century (Huanzhong, 2003; Kolodner, 1994). Therefore, Confucianism, Taoism, Buddhism, Islam, Catholicism, and Protestantism are currently registered religions in the PRC and citizens may choose any of the aforementioned religious affiliations (Huanzhong, 2003). These six religions/philosophies have been awarded approval and registration because they have accepted the three-self policy, which states that religions are to be self-administered, self-supported, and self-propagated (Reinstein, 2004). Religions who accept the three-self policy are deemed independent from the state (Reinstein, 2004). In addition, being selfadministered mandates a severance with the international community of one s religion; separating the Chinese Catholics from the Vatican for example (Reinstein, 2004). This severance is a religious restriction that compromises the legitimacy of many religions (Reinstein, 2004). Religious Restrictions in China The ambiguous term normal, in Article 36 of the Constitution, in conjunction with another religious regulation which states that no organization or individual may make of religion to destroy the social order of the State allows Chinese government to interpret necessary restrictions to religious freedom (Cox, 2007, p. 399). Cox (2007) reveals that the ruling and governing body of China, has long maintained the political view that religion poses a
RELIGIOUS POLICY IN CHINA 5 threat to the Communist party; therefore, the existence of religion in the PRC is contingent upon its adaptation to the socialist system (Cox, 2007, pp. 389-390). One communist party scholar commented that it is necessary to interpret religious doctrine in a way that is in the interest of socialism and will modify the religion toward social progress (Cox, 2007, p. 390). Due to the alleged threat of religion, Chinese government has mandated restrictions on traditional religious belief and practices (Cox, 2007; Kolodner, 1994). These restrictions have created Communist versions of religions that are subordinate to the state (Cox, 2007; Kolodner, 1994). The PRC, as a collectivistic state, maintains that a citizen s rights may never violate the interests of the collective whole (Kolodner, 1994). Therefore, China s governmental power seeks to maintain control over religious activity, so as not to place an individual s religious liberty above the interests of the country (Kolodner, 1994). For this reason, the Religious Affairs Bureau (RAB), of the PRC, established that local governments may issue individual and specific religious regulations for their area (Kolodner, 1994). This has resulted in anti-religious tactics which repress religious freedom and strengthen control over religion (Kolodner, 1994). Religious Leaders Religious leaders are one such group that is repressed by the Chinese government (Kolodner, 1994). During the tenth century, Chinese government began to license priests and restrict the size of clergy; only those who are perceived to be patriotic and faithful to the country are permitted to become religious leaders (Kolodner, 1994). In addition, religious personnel must be registered to conduct religious activities (Kolodner, 1994). Missionary work and preaching should be limited, and may not occur without approval from the Chinese government (Kolodner, 1994).
RELIGIOUS POLICY IN CHINA 6 Places of Worship In addition to the restriction of religious leaders, Chinese government restricts places of worship (Kolodner, 1994). All sites of worship of established religions must first be approved and registered with the RAB and must have fewer than thirty congregants (Kolodner, 1994). RAB approval is granted only after written applications have been submitted and approved by several other governmental associations (Kolodner, 1994). The requirement for approved and registered places of worship applies particularly to Christians who hold services in their homes when they refuse to register their churches with Chinese authorities (Kolodner, 1994). As a punishment for violating these laws, government officials shut down these house churches, punish the congregants, and confiscate bibles, hymnals and other religious materials (Kolodner, 1994, p. 478). According to Kolodner (1994), house raids of house churches have continued to intensify. Religious Expression The freedom of normal religious belief does not grant freedom of religious expression. Religious expression in the form of religious speech may not include statements that challenge Chinese culture, the one child policy, public health laws, or marriage laws (Kolodner, 1994). In Hunan, China, Christian congregations may not preach; they may only sing, pray, and read the Bible (Kolodner, 1994). Furthermore, the spread of religious broadcasts is prohibited and religious materials may only be distributed by registered religious leaders how have had the materials passed by government censors (Kolodner, 1994). Minors Chinese citizens under the age of 18 may not be instructed regarding religion; it is strictly forbidden for parents or other religious believers to preach, convert, or engage in religious
RELIGIOUS POLICY IN CHINA 7 activities with minors (Cox, 2007; Kolodner, 1994). However, schools teach students the evils of religion (Cox, 2007; Kolodner, 1994). Chinese minors may not attend religious institutions and though reports show that these severe measures have begun to wane; policies for minors violate international standards (Cox, 2007; Kolodner, 1994). Foreigners In addition to specific restrictions for minors, policies exist that restrict foreigners religion (Kolodner, 1994; Religion 2004). Chinese government s greatest concern about religious contact with foreigners is that it will increase the independence of religious groups (Koldoner, 1994). Such concerns surround Chinese citizens who are Tibetan Buddhists contacting the Dalai Lama, Xinjiang Muslims contacting fundamentalist Muslims and demanding an independent state, and Chinese Catholics contacting the Vatican to secretly consecrate priests (Koldoner, 1994). This concern has resulted in the entire country s restriction from contact with the Dalai Lama and the Vatican (Kolodner, 1994). Foreigners are permitted religious belief but may only worship in registered religious sites and may not establish new religions nor recruit Chinese believers (Religion, 2004). Consequently, foreign missionaries and evangelism is strictly prohibited (Kolodner, 1994; Religion, 2004). Religious organizations may accept contributions from foreigners, yet the foreign contributor may not organize religious activities or distribute religious materials (Kolodner, 1994). Kolodner (1994) reports that, in recent years, Chinese Customs Service has seized countless pieces of religious literature. Restrictions on religious freedom allegedly promote social harmony, and though religious belief is protected, it is discouraged and merely tolerated in comparison with atheism (Kolodner, 1994). Communist party members must be Atheists and the Communist Party of China (CCP),
RELIGIOUS POLICY IN CHINA 8 emphasizes that the freedom to believe must be counterbalanced with the freedom to not believe in religion (Cox, 2007). Religious Discrimination Violations of laws of religious restriction are considered a criminal offense and qualify as acts of counterrevolution, punishable by ten years to life in prison (Kolodner, 1994). Due to the requirement for registration of religions, religious leaders, and religious sites, the persecution of non-registered religious activities and persons is viewed as enforcement of the law (Cox, 2007). In 2009, Reuters reported that the United States accused China of repressing religious freedom. Reuters (2009) stated that although China has progressed with respect to stateapproved religions, Chinese government continues to violently repress Tibetan Buddhists and Muslims in Xinjiang. In addition to violent repression, Chinese government appointed a new Panchen Lama, second in command in Tibetan Buddhism, without consulting the appropriate religious heads or the excommunicated Dalai Lama (Coonan, 2010). In 2004, Reinstein (2004) reported that the Dalai Lama found the relationship between China and Tibet to be its best in years. The Dalai Lama also shared that he planned to return to his homeland of China within the next three years (Reinstein, 2004). Those three years expired in 2007 and China s relationship with the Dalai Lama remains sensitive (Reinstein, 2004). Underground Catholics are also repressed and have been accused of interfering with China s internal affairs by remaining loyal to the Vatican (Reuters, 2009). China s Atheist government, which requires Christians and Catholics to worship in state-registered churches, severed ties with the Vatican in the 1950s resulting in excommunication of many Chinese Catholics from the Catholic Church (Coonan, 2012). Chinese Catholics are now forced to choose between joining the Chinese Catholic Patriotic Association, which names bishops without
RELIGIOUS POLICY IN CHINA 9 approval from the Vatican, or membership with an underground and unregistered Catholic church (Coonan, 2010). Various Christian groups are deemed evil religions (Reuters, 2009). One such evil Christian group is of those who worship in unregistered home churches; many members of home churches have been beaten with clubs, burned with cigarettes, and jolted with cattle prods for worshipping in unregistered places (Reinstein, 2004, p. 17). Elsewhere in South China, four female leaders of a church, after being arrested on charges of cult activity in 2002, were sexually assaulted and tortured with electric shocks (Reinstein, 2004). They were later declared innocent, but not long after being released were rearrested and sentenced to three years of reeducation through labor (Reinstein, 2004, p.18). Aside from violent acts of repression, Christians were banned, in 1991, from observing Christmas publicly and were discouraged from exchanging Christmas cards or attending Christmas celebrations (Kolodner, 1994). Membership in an unregistered group or religion is considered disturbing the social order (Reuters, 2009). Falun Gong is based upon five exercises that are frequently practiced in public parks throughout China; however, Chinese government passed an anti-cult legislation in 1999 that allows the prosecution of practitioners (Reinstein, 2004). According to Reinstein (2004), over 100 Falun Gong practitioners had died just five years after the passing of the legislation. Thousands of other Falun Gong practitioners have been imprisoned (Reinstein, 2004). A 2011 article, published in The Himalayan, quoted the United States commission deeming China one of the worst violators of religious freedom (China, 2011). In 2009, many religious leaders were arrested, detained, and/or sent to prison, yet Chinese government claims that the violation of the law was not due to the religious affiliation of these religious leaders
RELIGIOUS POLICY IN CHINA 10 (Reuters, 2009). Despite the facts of repression and discrimination, China denies that religious oppression occurs in the PRC because citizens are granted religious freedom in Article 36 of the constitution (China, 2009; Cox, 2007). Claims of religious oppression are entirely groundless according to the PRC (China, 2009; Cox, 2007). Furthermore, China has informed external countries, who are concerned about human rights for Chinese individuals, that individuals human rights are matters to be handled within the domestic country and are not cause for concern (Reinstein, 2004). Human Rights Policy on Religious Freedom There currently exist numerous international human rights associations and legislations that protect the religious freedom of citizens of the world (Cox, 2007; Kolodner, 1994; Reinstein, 2004). One such legislation is the International Religious Freedom Act (IRFA), established in 1998 by the United States government, which has authority to assign optional sanctions to countries found in violation of religious freedom (Reinstein, 2004). The Office of International Religious Freedom was created from IRFA and issues annual reports on violations of religious freedom in foreign countries (Reinstein, 2004). Article 6 of another international association, Discrimination Based on Religion or Belief (DRID), grants not only freedom of belief, religion, and place of worship, but additionally the freedom to distribute religious materials, to request financial contributions, to appoint and train religious leaders, and to communicate with international religious communities; many freedoms which are not awarded to citizens of the PRC (Kolodner, 1994). Cox (2007) cites another right that is not granted to citizens of the PRC from the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief which states that freedom of
RELIGIOUS POLICY IN CHINA 11 religion is not defined by the state and is a primary human right that is not subservient to other rights. The International Covenant on Civil and Political Rights (ICCPR), an international religious freedom association of which China is a signatory party, states in Article 18 that 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion, which would impair his freedom to have or to adopt a religion or belief of his choice. (ICCPR, as cited in Cox, 2007, pp. 392-393) Since signing the ICCPR, Chinese government has since debated its ratification (Cox, 2007; Kolodner, 1994). Similar to the ICCPR, Article 18 of the Universal Declaration of Human Rights (UDHR) states that every individual is granted freedom of belief, religion, teaching, practice, and worship (Kolodner, 1994). In Article 27, the UDHR prohibits governments from created recognized religions and repressing religions that conflict with the government s official belief system (Kolodner, 1994). Additionally, the UDHR states, in Article 2, that discrimination is prohibited on the basis of religion (Kolodner, 1994). However, Article 29 echoes a familiar restriction on freedom when it proclaims that limitations of religious freedom are only granted when it is in the interest of morality, public order, and the general welfare in a democratic society (UDHR, as cited in Kolodner, 1994, p. 17). As seen with the terms normal and social order in the Chinese Constitution, when terms such as morality and welfare are not defined, governments are left to interpret there meaning (Kolodner, 1994).
RELIGIOUS POLICY IN CHINA 12 Recommendation The definitions of normal and social order, in Article 36 of the Constitution, are left to be determined, and the vague nature of the terms is cause for concern (Kolodner, 1994). This concern only deepens when considering the fact that the 1982 Constitution of the PRC has yet to be judicialized by China s court systems; meaning that the protection of normal religious beliefs cannot be enforced and courts cannot make rulings upon the constitution (Huanzhong, 2003, p. 469). Furthermore, Chinese government often defends its acts of religious discrimination by citing treaties and legislations such as the ICCPR and the UDHR which grant limitation of religious freedom for the protection of social order (Cox, 2007). Limitations and restrictions based on ambiguous language provide the legality, and arguably encouragement, of discrimination and persecution on the basis of religion (Kolodner, 1994). Although freedom of religion threatens the status and homogeneity of Chinese government, one must consider ethics. It is unethical to imprison, assault, and kill other human beings on the basis of belief in religion. Therefore, strict enforcement of human rights policy must occur in order to protect the freedom of religion for Chinese citizens. Cox (2007) poses the relevant question, when religious practice is defined by the state [can] it be called freedom? (p. 426).
RELIGIOUS POLICY IN CHINA 13 References China denies restricting religion. (2009, May 9). The Virginian-Pilot. Retrieved from http://findarticles.com China police raid underground church 49 leaders detained. (2011, May 11). The Himalayan. Retrieved from http://www.thehimalayantimes.com Constitution of the People's Republic of China. (1982, December 4). Retrieved from http://www.usconstitution.net/china.html Coonan, C. (2010, December 30). Pope told to 'face the facts' of China's religious freedom. The Irish Times. Retrieved from http://www.irishtimes.com Cox, L. (2007). Freedom of religion in China: Religious, economic, and social disenfranchisement for China s internal migrant workers. Asian-Pacific Law & Policy Journal, 8(2), 370-430. Huanzhong, C. (2003). A brief overview of law and religion in the People's Republic of China. Brigham Young University Law Review, 2003(2), 465. Kolodner, E. (1994). Religious rights in China: A comparison of international human rights law and Chinese domestic legislation. Human Rights Quarterly, 16(3), 455-490. Reinstein, E. S. (2004). Turn the other cheek, or demand an eye for an eye? Religious persecution in China and an effective Western response. Connecticut Journal of International Law, 20(1), 1-37.
RELIGIOUS POLICY IN CHINA 14 Religion. (2004, March 25). Beijing Review, 47(12). Retrieved from Research Library Core. (Document ID: 1203967331). Reuters. (2009, October 26). Factbox - U.S. cites repression of religious freedoms. Reuters. Retrieved from http://www.reuters.com