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Laws regarding religious activities in China

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]

Background

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In China, five religions are officially recognized and organized into national associations under the control of the State Administration for Religious Affairs, a state body that was merged into the United Front Work Department of the Central Committee of the Chinese Communist Party (CCP) in 2018.[2] The five officially-recognized religions are Buddhism, Catholicism, Taoism, Islam, and Protestantism, organized into five associations:[3]

China requires the five religious associations to follow the CCP and state's leadership.[4]: 184  People can practice religion within the scope of these associations.[4]: 184 

People who practice religions are not permitted to become members of the CCP.[4]: 184 

1981 Document No. 19

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In 1981, the Central Committee of the CCP issued Document No. 19 describes the party-state's approach to religion.[4]: 184  It states that religion is a characteristic of a period of development in human society, that religion will exist for a long time, and that it will eventually disappear as human society develops.[4]: 184  Document No. 19 states that attempts to eliminate religion through coercion are counterproductive.[4]: 184  It also states that criminal or counter-revolutionary activities practiced under the guise of religion will not be tolerated.[4]: 184 

1982 Constitution

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Further information: Constitution of the People's Republic of China

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."[5]

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. CCP 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 by the authorities 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.[3]

2006 Procedures for the Registration of Religious Ministers

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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

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In July 2007, the State Administration for Religious Affairs issued management measures for the reincarnation of living Buddhas in Tibetan Buddhism (Order No.5) to be effective in September 2007.[6]

Under the regulation, a reincarnate lama may not be recognized without the CCP's approval and must be born within China’s borders.[7] Reincarnate lamas must “protect the unification of the state,” among other conditions.[6] The regulation comprises 14 articles, including principles, conditions, the application process, approval procedures, and punishments for those violating the regulation.[6] The regulation is seen as a means to limit the power of the Dalai Lama, who has lived in India since 1959.[8] 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.[9][10]

2021 Measures for the Administration of Religious Personnel

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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.[11] Taiwan criticized that law slamming CCP regulating freedom of religion.[12][13][14] 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."[11][15] 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.[11][15]

2022 Measures governing Internet religious services

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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.[16][17] The new law restricted religious content online to approved sites and services.[16][17] Among the restrictions, any religious content may be posted only with a CCP-issued permit by those based in and recognized by Chinese law.[16][17] 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.[16][17]

2023 Measures for religious activity venues

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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.[18] Religious activity venues must not be used for activities that "endanger national security, disrupt social order [or] damage national interests."[19] 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."[19]

2024 Xinjiang Regulations on Religious Affairs

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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.[20][21] The 78-article regulations cover religious organizations, venues, schools, clergy, activities, and properties.[22][20] Under Article 5, religions must "practice core socialist values" and "adhere to the direction of the Sinicization of religions."[20] Under Article 6, religions cannot be subject to "interference or control by foreign forces."[20] The regulations also impose new requirements for religious institutions applying to create places of worship.[21] 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.[22][23]

The regulations align with the CCP's national laws and regulations to "sinicize" religions, a priority under Xi Jinping since 2016.[21][22]

See also

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References

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  1. ^ Formichi, Chiara (1 October 2013). Religious Pluralism, State and Society in Asia. Routledge. ISBN 978-1-134-57542-8. China is officially an atheist state. Communist Party members cannot be religious believers, or take part in religious activities.
  2. ^ Joske, Alex (May 9, 2019). "Reorganizing the United Front Work Department: New Structures for a New Era of Diaspora and Religious Affairs Work". Jamestown Foundation. Archived from the original on July 21, 2019. Retrieved 2019-07-27.
  3. ^ a b c "The State of Religion in China". Council on Foreign Relations. Retrieved 2024-06-02.
  4. ^ a b c d e f g Moody, Peter (2024). "The Vatican and Taiwan: An Anomalous Diplomatic Relationship". In Zhao, Suisheng (ed.). The Taiwan Question in Xi Jinping's Era: Beijing's Evolving Taiwan Policy and Taiwan's Internal and External Dynamics. London and New York: Routledge. pp. 180–194. doi:10.4324/9781003521709-15. ISBN 9781032861661.
  5. ^ "中华人民共和国宪法（全文）_正文_宣城新闻网_宣城唯一的市级重点新闻网站". news.newsxc.com. Retrieved May 4, 2017.
  6. ^ a b c "Measures on the Management of the Reincarnation of Living Buddhas in Tibetan Buddhism (ICT Translation) | Congressional-Executive Commission on China". www.cecc.gov. 18 July 2007. Retrieved 2024-06-16.
  7. ^ "Chinese Authorities Double Down on Tibetan Reincarnations | Human Rights Watch". 2021-12-15. Retrieved 2024-06-16.
  8. ^ Neil, Martha (August 3, 2007). "China Now Regulates Reincarnation". American Bar Association Journal. Retrieved June 16, 2024.
  9. ^ Aroon, Preeti (2024-06-20). "China bans unauthorized reincarnations". Foreign Policy. Retrieved 2024-06-16.
  10. ^ Westcott, Ben (2021-02-15). "When the Dalai Lama dies, his reincarnation will be a religious crisis. Here's how it will happen". CNN. Retrieved 2024-06-16.
  11. ^ a b c "China orders clergy to toe Communist Party and socialist line". South China Morning Post. 2021-02-19. Retrieved 2024-06-04.
  12. ^ "Taiwan slams China for tightening religious freedom through law - Focus Taiwan". 25 February 2021.
  13. ^ "'Love country and party': Taiwan criticizes China for religious persecution | Taiwan News | 2021-02-25 16:52:00". 25 February 2021.
  14. ^ "Foreign ministry condemns China's new religion regulations".
  15. ^ a b INTROVIGNE, MASSIMO (February 11, 2021). "Enter the "Administrative Measures for Religious Clergy": Be Afraid, Be Very Afraid". bitterwinter.org. Retrieved June 3, 2024.
  16. ^ a b c d https://www.jurist.org/news/2021/12/china-issues-regulations-restricting-online-religious-content/, China issues regulations restricting online religious content, Jurist
  17. ^ a b c d "Explained: New CCP Regulations on Religious Internet Content". chinaaid.org. January 6, 2022. Retrieved June 4, 2024.
  18. ^ Arya, Tsewang Gyalpo (2023-11-13). "China's new law on religion: A great leap backward". The Japan Times. Retrieved 2024-06-02.
  19. ^ a b Gao, Feng (August 3, 2023). "China steps up political control over religious venues, sermons and activities". Radio Free Asia. Retrieved June 2, 2024.
  20. ^ a b c d Wenyan, Ma (2024-01-08). "Coming in February: Harsher Religious Regulations Just for Xinjiang". Retrieved 2024-06-16.
  21. ^ a b c "China: Religious Regulations Tighten for Uyghurs | Human Rights Watch". 2024-01-31. Retrieved 2024-06-16.
  22. ^ a b c "Beijing orders 'Chinese characteristics' for new Xinjiang mosques". Nikkei Asia. Retrieved 2024-06-16.
  23. ^ "Xinjiang says new religious buildings must 'reflect Chinese characteristics'". South China Morning Post. 2024-01-05. Retrieved 2024-06-16.
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