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The new legal provisions on religious affairs
issued by China last November are to come into effect on March 1. In most
circles, this document has been received with guarded optimism, as a sign of
progress towards a broader religious tolerance.
The document appears to be part of a larger trend towards a more balanced
approach to religious beliefs: official directives distributed to party cadres
in the past few months show that the central government, while underlining the
need to enhance atheist propaganda, does not wish to see religious believers
coerced into becoming non-believers, and ostensibly regards religious leaders
as a possible positive source of social stability.
Indeed, during a high level meeting held in Zhongnanhai on February 1 by Jia
Qinglin (the fourth most powerful leader in the Chinese nomenclature) with
China's top religious leaders, he expressed general support for religious
activity in the country, stressing that religious morality and culture do
benefit social development, and that the past year had seen positive progress
in the religious domain.
These overtures not withstanding, a careful scrutiny of the letter of the law
shows that the progress, so far, has only been partial, and that the remaining
loopholes are many, leaving the door open to arbitrary interpretation and
implementation of the new provisions.
Five years in the making, these are just new regulations, and still not the
hoped for Law on Religion. And in spite of the length of this document many of
its 48 articles contain vague terms that can make it far too easy to carry out
arbitrary decisions. For example, from Article 3 onwards, the regulations state
that only normal religious activities are protected, leaving the party as the
sole arbiter of what constitutes normality. Elsewhere, we can read that
religious schools can only be established when they have a rational setup,
again giving no details of who, and how, will determine what this might be.
Even a perfunctory look at the new regulations shows that they suffer from the
deficiencies of all other legal documents produced under a one party system,
one where there is no careful debate by legislators on how to perfect the
letter of the law, and make it watertight.
Thus, in spite of what has been interpreted as a new wind of openness, what is
apparent, and worrying, is that once again the Chinese central government has
drafted a document not to protect, but to regulate all religious activities.
The few protections that are guaranteed will only be extended to those
religious venues, personnel and activities that have been sanctioned by the
state leaving all others who fall outside this category open to suppression.
In fact, the vagueness of much of this document is such that anybody could find
oneself on the wrong side of the law. Even though China's legal reform efforts
are rightly being applauded, its laws and regulations are still riddled with
clauses that guarantee that the Communist Party has ample scope for arbitrary
interpretation. In this case, the new regulations broad definitions make it
easy to ban, close down, or hinder any religious group that has arisen the
suspicion of the authorities. In the case of China's ethnic minorities, for
example, little or no protection is guaranteed.
Even under the new provisions, religious affairs in Xinjiang, Inner Mongolia or
Tibet are perceived as matters concerning national security, the fight against
separatism and anti-state activity, thus confirming that religious policies in
these areas go hand in hand with the states overall goals of assimilation of
all minorities.
Here, the least expression of dissent, whether spurred by religious devotion or
by the attempt of asserting ones identity, is met with the full spectrum of the
repressive apparatus of a police state.
Also, the new provisions leave untouched all the regulations that have been used
in the past to persecute, and drive underground, groups defined as evil cults
(like Falun Gong) or practices deemed superstitious. Even for approved
religions, though, invasive controls are still in place: outlawing such
harmless activities as singing religious hymns in a park, or in a private
house.
Individual worship remains limited, as are individual or family religious
pilgrimages abroad without proper authorization.
Regardless of these moot points, religious practitioners were pleased to notice
that the new regulations do not mention the five recognized religions - namely
Catholicism, Buddhism, Protestantism, Islam and Taoism - which has renewed the
hopes of other religious denominations, such as the Orthodox Church and the
Methodists, that will finally be able to apply for recognition.
While internal party documents state that administrative powers must not be used
to suppress religion, the party still distrusts what religion might become: the
same documents draw a clear difference between religious issues that may arise
from a contradiction among the people, and those that can become a problem of
opposition, or a challenge to the party.
In spite of a few innovations, then, this latest set of provisions to manage
China's growing religious sentiment reproduces that curious contradiction of a
communist, secular state taking it upon itself to regulate and perform over the
highest spiritual matters.
It is a state of affairs that has in the past seen communist cadres supervising
the profoundly esoteric selection of Living Buddhas among Tibetan children, or
deciding who could be ordained to the higher hierarchies of the Catholic
Church. It is indeed an interesting paradox that, in China, the separation
between state and church is still far from being achieved. Not only is
government interference into religious affairs sanctioned by all the legal
documents, but the very idea of greater independence for spiritual leaders and
their institutions is still seen with undisguised suspicion.
By perpetuating a managerial approach to religion, China not only falls short of
guaranteeing genuine freedom of religious belief, but above all it reproduces
its outdated notion of spiritual belief as insulated from the larger social and
political aspirations of its people.
Nicolas Becquelin is the Hong Kong research director for Human Rights in
China
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