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]
According to the Chinese constitution, the People's of Republic of China is under the leadership of the Chinese Communist Party (CCP). 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. The CCP prohibits its members from holding religious beliefs and mandates the expulsion of violators.[3]
"Normal religious activities" is interpreted to mean religious activities carried out by religious bodies that have official government approval. The CCP recognizes five religions: Buddhism, Catholicism, Daoism, Islam, and Protestantism.[3] 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 church es, 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." 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]
2007 Measures on the Management of the Reincarnation of Living Buddhas in Tibetan Buddhism
In July 2007, the State Administration for Religious Affairs issued Management measures for the reincarnation of living Buddhas in Tibetan Buddhism (Order No.5, effective September 2007).[4]
Under the regulation, a reincarnate lama may not be recognized without the CCP's approval and must be born within China’s borders.[5] Reincarnate lamas must “protect the unification of the state,” among other conditions.[4] The regulation comprises 14 articles, including principles, conditions, the application process, approval procedures, and punishments for those violating the regulation.[4] The regulation is seen as a means to limit the power of the Dalai Lama, who has lived in India since 1959.[6] Some argue that when he passes away, there could be two new Dalai Lamas: one approved by the CCP and the other identified by Buddhist monks.[7][8]
2021 Measures for the Administration of Religious Personnel
In February 2021, China's State Administration for Religious Affairs issued Measures for the Administration of Religious Personnel Order No. 15 to be effective on May 1, 2021.[9] Taiwan criticized that law slamming Chinese Communist Party regulating freedom of religion.[10][11][12] Among the restrictions, Article III requires religious clergy to "love the motherland" and "support the leadership of the Chinese Communist Party." Religious clergy must also "adhere to the direction of the Sinicization of religion in China."[9][13] Under Article XII, religious clergy cannot accept overseas appointments or engage in religious activities that would endanger China's national security. Article XVI requires that Catholic bishops be approved and ordained by the Bishops Conference of the Catholic Church in China.[9][13]
2022 Measures governing Internet religious services
In December 2021, China’s State Administration for Religious Affairs issued Measures for the Administration of Internet Religious Information Services, the first CCP regulation dedicated to Internet control over religious activities, effective March 1, 2022.[14][15] The new law restricted religious content online to approved sites and services.[14][15] Among the restrictions, any religious content may be posted only with a CCP-issued permit by those based in and recognized by Chinese law.[14][15] Content perceived to incite subversion, jeopardize national security, challenge the CCP or socialism, undermine social stability, or promote extremism of any form will be banned. The regulation also prohibits working with foreign organizations.[14][15]
2023 Measures for religious activity venues
In July 2023, China's State Administration for Religious Affairs issued Administrative Measures for Religious Activity Venues Order No. 19 to be effective on September 1, 2023. Order 19 repealed the previous 2005 Measures.[16] Religious activity venues must not be used for activities that "endanger national security, disrupt social order [or] damage national interests."[17] Managers of religious venues will be reviewed and evaluated for official approval by state officials and must "love the motherland and support the leadership of the Communist Party of China and the socialist system."[17]
2024 Xinjiang Regulations on Religious Affairs
In December 2023, the CCP-controlled Xinjiang People’s Congress issued the revised “Regulations on Religious Affairs of the Xinjiang Uyghur Autonomous Region” to be effective on February 1, 2024.[18][19] The 78-article regulations cover religious organizations, venues, schools, clergy, activities, and properties.[20][18] Under Article 5, religions must "practice core socialist values" and "adhere to the direction of the Sinicization of religions."[18] Under Article 6, religions cannot be subject to "interference or control by foreign forces."[18] The regulations also impose new requirements for religious institutions applying to create places of worship.[19] New or renovated religious sites, including mosques, require the approval of the local government and must "embody Chinese characteristics and style" in terms of architecture, sculptures, paintings, and decorations.[20][21]
The regulations align with the CCP's national laws and regulations to "Sinicize" religions, a priority under President Xi Jinping since 2016.[19][20]
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fourth constitution in PRC history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution.
Human rights in China are periodically reviewed by international bodies, such as human rights treaty bodies and the United Nations Human Rights Council's Universal Periodic Review. The Chinese Communist Party (CCP), the government of the People's Republic of China (PRC), their supporters, and other proponents claim that existing policies and enforcement measures are sufficient to guard against human rights abuses. However, other countries, international non-governmental organizations (NGOs) including Human Rights in China and Amnesty International, and citizens, lawyers, and dissidents inside the country, state that the authorities in mainland China regularly sanction or organize such abuses.
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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.
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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 during the Reformation era under President Abdurrahman Wahid.
Censorship in the People's Republic of China is mandated by the PRC's ruling party, the Chinese Communist Party (CCP). It is one of the strictest censorship regimes in the world. The government censors content for mainly political reasons, such as curtailing political opposition, and censoring events unfavorable to the CCP, such as the 1989 Tiananmen Square protests and massacre, pro-democracy movements in China, the persecution of Uyghurs in China, human rights in Tibet, Falun Gong, pro-democracy protests in Hong Kong, and aspects of the COVID-19 pandemic. Since Xi Jinping became the general secretary of the Chinese Communist Party in 2012, censorship has been "significantly stepped up".
State Religious Affairs Bureau Order No. 5, officially named Measures on the Management of the Reincarnation of Living Buddhas in Tibetan Buddhism, is an order passed during a conference of the State Administration for Religious Affairs on 13 July 2007, marked for implementation on 1 September 2007.
Freedom of religion in Comoros is addressed in the constitution which proclaims equality of rights and obligations for everyone.
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.
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.
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Ye Xiaowen is a Chinese politician who held various top posts relating to state regulation of religion in China from 1995 to 2009.
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Antireligious campaigns in China are a series of policies and practices taken as part of the Chinese Communist Party's official promotion of state atheism, coupled with its persecution of people with spiritual or religious beliefs, in the People's Republic of China. Antireligious campaigns were launched in 1949, after the Chinese Communist Revolution, and they continue to be waged against Buddhists, Christians, Muslims, and members of other religious communities in the 21st century.
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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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