No More In Legal Limbo: China's First Consolidated Set Of Regulations On Religion

2005.3/4.1

(ANS) In its efforts to strengthen overall governance, the Chinese government maintains contacts and exchanges in a variety of fields, most prominently perhaps in the area of the rule of law. Few people know that a similar dialogue is being held on religious affairs. High-ranking Religious Affairs officials visited Germany and other European countries in 2001 and 2003 with the aim of learning more about state-church relationships in a variety of settings. In China itself, the relationship between the officially recognized religions and the government has now been set on a new and probably firmer footing with the country's first comprehensive set of religious regulations. Katrin Fiedler puts the new regulations into context.

Long awaited, they will finally take effect on March 1: China's new regulations on religious affairs. The corresponding decree to promulgate what will be the country's first comprehensive set of religious regulations was signed by Premier Wen Jiabao on November 30, 2004, after having been adopted by the State Council in July 2004. The new regulations will supercede previous decree, in particular the Regulations Governing Venues For Religious Activities (National Government Decree Number 145, dating from 1994).

Drafting of the new regulations took six long years. Experts on law, religion and human rights were consulted during the process, as well as representatives of religious circles. One factor that may have delayed the procedure was the threat of Falun Gong and similar organizations.

Much of the new regulations is in line with previous ones, both in spirit and in content. Freedom of religion is guaranteed in the Chinese Constitution, and the new regulations enshrine the corresponding rights. Religious bodies have the right to conduct religious activities in lawfully registered sites, they are allowed to train religious personnel, publish religious materials and develop foreign exchanges on the basis of independence, friendship and equality.

Much will depend on how the new legislation is interpreted and implemented. According to Article 3 of the Regulations On Religious Affairs, the state protects "normal religious activities". Here, the question of what constitutes a "normal" religious activity may arise, and may be open to abuse if handled incorrectly. Likewise, the new regulations make provisions to avoid accidents or events that disrupt the unity of all nationalities or impair social stability. Again, it is up to interpretation which events truly embody the danger of terrorism or religious extremism, and which are expressions of a healthy faith life.

Religious Affairs Departments on various administrative levels are responsible for the implementation of the regulations. It is noteworthy that the new law explicitly states that mismanagement of religious affairs by state functionaries is punishable by law: "Where any state functionary, in administration of religious affairs, abuses his power, neglects his duty or commits illegalities for personal gain or by fraudulent means, and a crime is constituted, he shall be investigated for criminal liability according to law; if no crime is constituted, he shall be given an administrative sanction according to law." (Article 38)

Moreover, according to the new regulations anyone who infringes on the rights of religious believers is liable to penalties according to the corresponding civil or criminal law. In return, strict demands are placed on religious bodies in terms of internal management and administration, both for the initial registration of religious sites and for every aspect of conducting religious activities. Failure to comply with the law can result in the dismissal of religious personnel, closure of religious sites and similar measures.

Initial reactions from church representatives have been positive. (See also "Church Leadership Studies New Religious Law" in this issue.) Religious representatives had long called for a comprehensive law that would clarify the handling of religious affairs in more detail than the previous regulations allowed. Other voices praise the regulations as another step in China's ongoing trend towards strengthening the rule of law. However, as critics point out, China's efforts at strengthening the rule of law depend not only on the creation of legislation, but also the implementation of these laws. Environmental issues are one example of a field where China has excellent and timely laws, but where implementation remains insufficient. Similar things could probably be said about religious affairs.