The People's Republic of China is an officially atheist state, which while having freedom of religion as a principle nominally enshrined with the laws and constitution of the country, nevertheless possesses a number of laws that restrict religious activities within China.[1]
Article 36 of the Chinese constitution explicitly deals with religious affairs. It states:
"The People's Republic of China has freedom of faith and religion
No state organization, social group or individual may force a citizen to accept or not to accept a religious faith, nor can they discriminate against either religious or non-religious citizens.
The state protects normal religious activities. No one may use religion to make an attack on the order of society, harm the physical health of citizens, or impede the activities of the state's education system.
Religious groups and religious affairs shall not be subject to the power of foreign domination."[2]
Banning discrimination against religious citizens in China is usually not interpreted to mean that positions in the government or military are equally open to believers in religions. Communist party membership is often a prerequisite for many government or military positions, and the communist party will frequently not allow religious believers to be members on account of their religious beliefs.
'Normal religious activities' is interpreted to mean religious activities carried out by religious bodies that have official government approval. Religions that are not permitted to exist in China like the Falun Gong or Jehovah's witnesses are not protected by the constitution. Religious groups that are not registered by the government, like Catholics who are part of an underground church or Protestant house churches, are not protected by the constitution. Furthermore, religious activities by approved groups that do not conform to the many regulations governing religion in China are also not protected by the constitution.
'impede the activities of the state's education system' is usually interpreted to mean that educational institutions in China are not permitted to teach religion to students. What this means is that religion can be taught as a subject, but actual religious teaching (i.e. teaching that is intended to help a person to follow a particular religious faith) is considered to be a form of 'impeding the activities of the state's education system' and as such, it is banned by the constitution.
'the power of foreign domination' is usually interpreted to mean that religious bodies in China may not be under the control of foreigners. For example, Roman Catholics may not be under the control of the Pope and the bishops of China must not be subject to the Vatican.
1994 Rules on the Religious Activities of foreigners in China
These rules from 1994 are rules governing the religious activities of foreigners within China. The rules protect the rights of foreigners in China to attend religious services or participate in religious activities at approved religious sites. The rules even allow for foreigners to engage in religious preaching or teaching within approved religious sites, so long as they do so with the permission of the approved Chinese religious group.
However, these rules also place a number of restrictions on foreigners in China. They do not allow for foreigners to engage in missionary activities, such as ordaining new religious ministers or converting Chinese citizens to their religion.
Foreign missionaries who come to China are permitted to carry out preaching or religious services within approved religious sites, by these rules, so long as they have the permission of the Chinese religious group, however, outside of the approved religious sites, they are not permitted to carry out most kinds of missionary activities. They can be a religious 'presence', but they cannot engage in preaching in the open public.
2000 Implementation instructions on Rules for Religious Activities of foreigners
In 2000, the Chinese government issued guidelines regarding the rules for the religious activities of foreigners. These guidelines reiterated, clarified and expanded many of the things from the previous rules. Included among the things mentioned were such things like the explicit banning of foreigners from making religious publications in China, banning foreigners from spreading religious materials in China, banning foreigners from running religious training classes and requiring foreign religious ministers (other than visitors) that preach at Chinese religious sites to be registered with the government.
These instructions provided guidelines for how relations between foreigners and Chinese should occur in the religious sphere, such as rules regarding foreign teachers hired by Chinese religious schools, rules regarding Chinese ministers that give religious rites to foreigners or rules regarding foreign students that study at Chinese religious schools.
The rules once again allowed for foreigners to take part or engage in religious activities at approved religious sites, including preaching or teaching, so long as the relevant rules and guidelines were followed. It once again also did not allow for foreigners to convert Chinese citizens or ordain Chinese citizens as religious ministers.
In 2004, the Chinese government issued a detailed set of regulations governing religious activities in China. These regulations replaced a previous set of regulations from 1994.
The regulations required that religious sites, religious ministers, religious schools, religious publications and collective religious activities in general needed government registration or approval, and the regulations set out the procedures by which registration or permissions were to be given.
Most of these activities or items were placed under the supervision of religious affairs departments at different levels of the Chinese government and religious bodies in China were obligated to accept government supervision from these departments.
The regulations also gave a number of protections to religions in China. For example, it banned Chinese citizens from going to approved religious sites with the purpose of disrupting religious activities or of trying to spread atheism. It also guaranteed the lawful rights of believers in carrying out religious activities within approved religious sites.
One of the key parts of the document is chapter 3, governing 'religious activity centres'. In article 12, it states:
"Article 12 – Collective religious activities of believing citizens, in general should be held in the registered religious activity centre (Buddhist temple, Taoist temple, mosque, church and other fixed religious activity centres), under the management of the religious activity centre or the religious organization, conducted by the religious ministers or others who meet the relevant rules of the religion, and done in accordance with the religious creeds and canons."
While the text of the document itself places no explicit universal ban on religious activities from taking place outside of approved religious sites, these regulations are usually interpreted to mean that religious activities involving a large number of people are not allowed to be conducted outside of an approved religious site. There is no definition given as to how many people constitute a 'collective religious activity', however, the regulations in article 6 state:
"Article 6 - The establishment, alteration or cancellation of religious groups shall be handled in accordance with the <<Regulations on Administration and Registration of Social Groups>>
The statutes of religious groups should conform with the relevant rules of the <<Regulations on Administration and Registration of Social Groups>>.
Religious groups that conduct activities in accordance with the statutes, are protected by the law."
The 'Regulations on Administration and Registration of Social Groups' (社会团体登记管理条例) are a group of regulations from 1998 governing the registration of any social group (whether religious or not) within China, and those regulations themselves state that a minimum of 50 persons is required in order to make the application to become a registered group.
These regulations concerning religious sites in China are usually interpreted to mean that things like house churches or other similar sites where believers of a particular religion congregate in large numbers on a regular basis to conduct religious services or religious activities, are not permitted to legally exist.
Things that involve tiny numbers of believers, like religious believers who read scriptures or pray at home, are usually not interpreted to be banned by these regulations. Similarly, the burning of joss paper, a traditional Chinese religious practice wherein people will burn fake paper money or similar things as a ritual offering to dead ancestors or Taoist gods, is actually widely practiced in the open public in China (literally on the city streets themselves), but these laws are usually not interpreted to forbid this.
2006 Procedures for the Registration of Religious Ministers
These rules from 2006 simply detail the procedures used in order to register religious ministers in China. Religious ministers who do not conform to these procedures are not permitted to serve in Chinese religious bodies.[citation needed]
2021 Measures for the Administration of Religious Personnel
The Chinese Communist Party passed a law called "Measures for the Administration of Religious Personnel" that Confucianism, Taoism, Buddhism, Islam and Christianity must be loyal and obey the Chinese Communist Party. Taiwan criticized that law slamming Chinese Communist Party regulating freedom of religion.[3][4][5]
2022 Measures governing Internet religious services
In March 2022, China implemented a new set of regulations governing religious content and services on the internet. The new law restricted religious content online to approved sites and services. [6]
State atheism or atheist state is the incorporation of hard atheism or non-theism into political regimes. It is considered the opposite of theocracy and may also refer to large-scale secularization attempts by governments. To some extent, it is a religion-state relationship that is usually ideologically linked to irreligion and the promotion of irreligion or atheism. State atheism may refer to a government's promotion of anti-clericalism, which opposes religious institutional power and influence in all aspects of public and political life, including the involvement of religion in the everyday life of the citizen. In some instances, religious symbols and public practices that were once held by religions were replaced with secularized versions of them. State atheism in these cases is considered as not being politically neutral toward religion, and therefore it is often considered non-secular.
Freedom of religion in China may be referring to the following entities separated by the Taiwan Strait:
Indonesian law affecting Chinese-Indonesians were conducted through a series of laws, directives, or constitutions enacted by the Government of Indonesia that affected the lives of Chinese Indonesians or Chinese nationals living in Indonesia since the nation's independence. The laws were made against Chinese Indonesians. Most of these laws are revoked following Reformation era under president Abdurrahman Wahid.
Freedom of religion in Comoros is addressed in the constitution which proclaims equality of rights and obligations for everyone.
The 2021 census noted that Kazakhstan is 69.31% Muslim, 17.19% Christian, 11.25% other religious beliefs and 2.25% no religious belief.
The 2008 Constitution of Maldives designates Sunni Islam as the state religion. Only Sunni Muslims are allowed to hold citizenship in the country and citizens may practice Sunni Islam only. Non-Muslim citizens of other nations can practice their faith only in private and are barred from evangelizing or propagating their faith. All residents are required to teach their children the Muslim faith. The president, ministers, parliamentarians, and chiefs of the atolls are required to be Sunni Muslims. Government regulations are based on Islamic law. Only certified Muslim scholars can give fatawa.
Nepal is a secular state under the Constitution of Nepal 2015, where "secular" means religious, cultural freedoms, including protection of religion and culture handed down from time immemorial.
Freedom of religion in Tajikistan is provided for in Tajikistan's constitution. The country is secular by law. However, respect for religious freedom has eroded during recent years, creating some areas of concern.
According to U.S. government estimates, in 2022 Turkmenistan is 89% Muslim, 9% Eastern Orthodox Christian and 2% other religions. In 2023, the country was scored zero out of 4 for religious freedom; it was noted that restrictions have tightened since 2016. In the same year it was ranked the 26th worst place in the world to be a Christian.
The Constitution of Laos provides for freedom of religion; however, the Government restricted this right in practice. Some government officials committed abuses of citizens' religious freedom.
The Constitution of Mongolia provides for freedom of religion; however, the law somewhat limits proselytism.
Freedom of religion in Singapore is a guaranteed constitutionally protected right.
According to the 2018 census, Buddhism is the largest religion in Thailand, practiced by over 94% of the population; Islam makes up 5% of the population. The Thai government officially recognizes five religions: Buddhism, Islam, Hinduism, Sikhism, and Christianity.
While the Constitution of Vietnam officially provides for freedom of religion, in practice the government imposes a range of legislative measures restricting religious practice. All religious groups must register and seek approval from the government. The government requires all Buddhist monks to be approved by and work under the officially recognized Buddhist organization, the Vietnam Buddhist Sangha (VBS). The number of Buddhist student monks is controlled and limited by the Committee on Religious Affairs. According to a 2020 report by Human Rights Watch, prohibited religious activities are those deemed to be contrary to arbitrary notions of the "national interest", "public order", or "national unity". Unrecognized religious groups, including Cao Đài, Hòa Hảo, and some Christian, and Buddhist groups face "constant surveillance and harassment". Some religious groups may be subject to "public criticism, forced renunciation of faith, detention, interrogation, torture, and imprisonment." Laws continue to be applied unevenly however, with some local government areas taking a more relaxed and tolerant approach than others.
The Constitution provides for the freedom to practice the rights of one's religion and faith in accordance with the customs that are observed in the kingdom, unless they violate public order or morality. The state religion is Islam. The Government prohibits conversion from Islam and proselytization of Muslims.
The issue of Freedom of religion in Russia is complex with a long and fraught history. As of 2023, Russia is a majority Russian Orthodox society, with significant minority religions within its borders protected by the Constitution of Russia. However, the international community often disputes whether this protection is carried out in practice.
The Constitution of Belarus provides for freedom of religion; however, the Government restricted this right in practice.
The government of the Soviet Union followed an unofficial policy of state atheism, aiming to gradually eliminate religious belief within its borders. While it never officially made religion illegal, the state nevertheless made great efforts to reduce the prevalence of religious belief within society. To this end, at various times in its history it engaged in anti-religious persecutions of varying intensity and methodology. Believers were never officially attacked for being believers, but they were officially attacked for real or perceived political opposition to the state and to its policies. These attacks, however, in the broader ideological context, were meant to serve the ultimate goal of eliminating religion, and the perceived political opposition acted as a legal pretext to carry this out. Thus, although the Soviet Union was officially a secular state and guaranteed freedom of religion in its constitutions, in practice believers suffered discrimination and were widely attacked for promoting religion.
The status of religious freedom in Africa varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
The status of religious freedom in Asia varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
References
↑ Formichi, Chiara (1 October 2013). Religious Pluralism, State and Society in Asia. Routledge. ISBN978-1-134-57542-8. China is officially an atheist state. Communist Party members cannot be religious believers, or take part in religious activities.
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