gious activities within the scope prescribed bygious activitieswithinthescopeprescribed law.” the fact that outreli-“all religious bodies independently carry above all, and, and otherreligious publications”; to scriptures “guaranteedaccess specializing intrainingseniorclergymen”; of thekey mosques”;theestablishment of “an Islamiccollege allocation of “specialized fundsfor themaintenanceandrepair the ties intheadministration ofreligion andreligious policies; therole played by ethnicminori- religious venues inXinjiang; ing inXinjiang.These includetheexistenceofsome24,000 and statistics tomake are thriv- thecasethat ethnicminorities facts Itmarshalsvarious inXinjiang. tion ofethnicminorities ment’s mostrecent andcomprehensive statement onthesitua- Development ofXinjiang.” tion that was abruptly rescinded in May 2004 Venues intheXinjiangUighur Autonomous Region—aregula- sional Regulations for the Administration ofReligious Activity citing theenactmentby theXinjianggovernment oftheProvi- religious activitiesarenormal protected by law,” specifically andall gious belieffor ethnic groups various isfully respected, cism for itsreligious policiesinXinjiang, a fopsn ehi pits”( way ofopposing “ethnic splittism” thecontrol ofreligious activitiesinXinjiangisa At itsheart, dom inXinjiang. restrictsreligiousfree- Chinese government from publicaccess—throughwhichthe andregulations—manyinstructions withheld HRW andHRICexaminearangeofofficial fromarecentjointreport, In thisexcerpt BY HUMANRIGHTSWATCH ANDHUMANRIGHTSINCHINA IN XINJIANG OF RELIGIOUSREGULATION THE REPRESSIVEFRAMEWORK regulations inaccordance withtheconstitutionand law.” the State Councilreleased a White Paper theInformation Office of InMay 2003, criticism. rejected such has hardly changed since.has hardly changed the objective ofnational unity,” avisionofsubordination that and theunification ofthemotherland, economic construction, thecentraltaskof . . gion andguideitinbeingsubordinate to. facinginXinjiangwas to theauthorities “manage reli- task” Party Secretary Wang Lequanstressed in1991that the “major The tofreedom ofreli- “Theright White Paper states that, Although Chinahasincreasingly faced criti- international 2 5 The White Paper isthegovern- minzu fenlie 4 on the and “History 3 it haspersistently 7 .Xinjiang’s ). —and “other 6 1 “content ofstate organ meetingsunsuitable for thepublic.” andthe institutionsandactivities”; gious organizations, mation andstatistics unsuitable for thepublic regarding reli- “infor- overseas religious organizations andtheirpersonnel”; “analyses ofdevelopments with regarding religious affairs; opinionsandsuggestionsby religious representatives reports, lic information inothercountries. wouldto religious andethnicpolicieswhich routinely bepub- includemostdocuments relating without authorization.These ( “internal” framework for religious activity.They below. are summarized cies—are notpublicly available andprovide stricter amuch immediate guidestotheimplementation oflaws and poli- tions andpolicystatements—documents that are usedas secret regula- circulation.These and thoseintendedfor internal publishedmaterials for andpublic international consumption echoed thenational regulations.echoed which governed by asetofregulations issuedin1994, were religious activities inXinjiang Until theirrevision in 2001, cadres “Keeping ahandleon”theimamsandparty Regulation in1994–2001: government andParty deliberately keep hidden. growing ofChineseregulations category andpoliciesthat the there isalarge and to thepublic innewspapers, andreported national andprovincialcertain policystatements are available and national legislation, theconstitution, While whitepapers, Policies hiddenfromthepublic gious Affairs (formerly theReligious Affairs Bureau). Secrets Protection Bureau andtheState Administration ofReli- other regulation was promulgated at thesametimeby theState series of Communist Partyseries directives indicated that Xinjiang baoshou ju gated in1995by theState Secrets Protection Bureau ( Oneregulation was jointlylated tonational promul- security. even orreligious matternational orpolicy, minority ifunre- disclosure ofinformation regardingunauthorized almostany Among themare draftsofreligious laws andregulations; The regulations alsolistmatters that must betreated as However, there isasignificant discrepancy between official Two specific regulations establish adraconianbanagainst ) andtheState CouncilEthnic Affairs Commission. neibu ,that isnottobepublicized orannounced ), 10 nteitreigyas a years, In theintervening 9 Guojia mimi 8 The

Photo: AP Wide World Photos REFORMING THE SYSTEM 13 CHINA RIGHTS FORUM NO. 2, 2005 would be targeted for special, effectively discriminatory treat- ize stipulations that were developed by the religious affairs ment. For example, in 1996, Document Number 7 from the bureaus. Political Bureau of the Central Committee, while still operating The Manual defines illegal religious activities as “any reli- within the framework of the 1994 Regulations, laid the outline gious activity that violates the country’s constitution, laws and for a considerable toughening of regulations concerning reli- regulations or the Autonomous Region’s management of reli- gion and for the curbing of religious freedom that continues to gious affairs’ regulations, dispositions or rules.”The list is this day.11 more extensive than even the already-extensive list set out in In October 1998, less than two months after an inspection either the 1994 Regulations or the 2001 Amendments, partic- tour of Xinjiang by President Jiang Zemin, local authorities ularly in the supervision of places of worship, and the publica- created a new and comprehensive set of instructions on con- tion of any material related to religion or “sensitive” questions. trol of religion.These were based on directives originating In addition, many of the prohibitions represent blatant and from the central government.12 The “October 1998 Instruc- substantial curtailment of basic civil and political rights tions” called for a tightening of regulations governing the beyond those relating to the right to freedom of religious management of religious personnel, religious places, the con- belief. For example, “inciting the masses to illegally rally and tent of religious teachings, and the “fight” against all non-gov- demonstrate” implicates freedom of assembly; “distorting his- ernmental religious activities. tory” or “using religion to meddle in ... cultural activities” vio- In 2000, the “Interim Provisions on Disciplinary Punish- lates free expression; the injunction on “going abroad to study ments for Party Members and Organs that Violate Political Dis- religion” or engaging in religious activities that “span different cipline in Fighting Separatism and Safeguarding Unity” [the localities” tramples on freedom of movement.The list also “2000 Interim Provisions”] provided a wide range of sanc- contains catch-all “offenses” that allow the authorities to deny tions against Party members involved in religious activities. religious freedom under virtually any pretext, as for example using religion “to carry out other activities that are harmful to The 2001 draft amendments to the 1994 Regulations: narrow- the good order of society,” or “to breed separatist elements and ing the scope of “normal” religious activities reactionary backbone elements.” In July 2001, a series of comprehensive amendments to the 1994 Regulations was adopted by the Chairmen’s Committee Implementation: of the Xinjiang People’s Regional Congress13 and submitted for Restrictions on Freedom of Religion in Practice deliberation to the Standing Committee (hereafter the “2001 This section surveys three critical areas where the implementa- Amendments”).14 These amendments, yet to be made public, tion of Xinjiang’s religious regulations and policies violate the represented a new regulatory regime extraordinarily hostile to basic political and religious rights of believers: the registration religious activity in Xinjiang,15 and severely tightened the of religious organizations, the training or “reeducation” of already restrictive provisions of the 1994 Regulations on Reli- religious personnel, and the ban on the construction of new gious Activities. mosques.

A Manual for Urumqi Municipality Ethnic Religious Work Registration of religious organizations: a no-win situation The repressive framework imposed by the 2001 Amendments The requirement that any type of religious organization be most probably derives from practical experience, and incorpo- registered is one of the most effective means by which the rates provisions already codified in the guidelines of religious authorities restrict most forms of religious activity. affairs bureaus at various levels of government and of CCP reli- By law,any association of believers has to register with the gious affairs committees that supervise their work.A 2000 authorities, even if their activities are not strictly or exclusively handbook entitled A Manual for Urumqi Municipality Ethnic Religious religious, as in the case of traditional community gatherings or Work, edited by the Ethnic Religious Work Committee of the charitable groups.The registration and operation of religious Urumqi Nationalities Religious Affairs Bureau Work Commit- organizations require approval by both the religious affairs tee (Manual), is “to be used to conduct education and serve bureaus and the civil affairs bureaus above the county level.17 cadres for nationalities religious affairs in their work.”16 Any religious body may apply to register. However, Xinjiang The Manual is structured as responses to 146 different authorities routinely deny registration to independent reli- questions, ranging from Party doctrinal topics (“What are the gious bodies on the grounds that no religious activity is four fundamental principles and guiding principles on reli- allowed without state control.This opens the door for individ- gious work set forth by Comrade Jiang Zemin?”) to specific ual believers to be persecuted on the grounds that they belong issues that religious affairs cadres have to deal with (“What to or participate in an illegal religious organization. qualifications must religious personnel possess?”), and gov- Most Uighurs interviewed for this report said that they ernment policies (“What measures has the Urumqi Municipal- would not dare to try to register a non-profit organization ity Committee taken in the recent years to protect social because they were certain that their application would be stability?”). rejected and that the attempt would put them under suspicion The close correspondence between the Manual’s guidelines with the authorities.Asked whether they would try to register and the 2001 revised amendments tends to support the con- an organization, a small group of college students in Kashgar clusion that the latter were designed to integrate and rational- gave this response: Kong. activities.” ing to]illegalorganizations and [engaging in] illegalreligious religion linked offenses were of“[belong- detainedoncharges timefor separatismalmost halfofthedetaineesserving and Reeducation through Labor Bureau reveals that asof2001 co-signedby article thevice-director oftheXinjiang tion.”An Through Labor campsfor belongingtoan “illegal organiza- Many are detainedinXinjiang’sreligious Reeducation offenses. high number ofpeopledetainedinXinjiangfor politicalor the Chinese-language newspaper accordingto revolutionary videosfor propaganda purposes,” andpossessingillegalpublications andcounter- membership, accepting takingoaths, organizing meetings, split China, “inciting[others]to included: charges separatist activities.The adult Uighurswere sentencedby for aXinjiangcourt alleged forming an “illegal organization.” ing registered they inor withparticipating canbecharged ifthey congregate withouthav- draw attention tothemselves; Ifthey asktoregister they are deniedregistration but situation. court inDecember2003. court bureaus regularly conduct training of clerics.The training of bureaus regularly conducttraining ofclerics.The “separatist forces.” andinXinjiang, clique,” the their oppositionto “Dalai Lama “hostile forces”—in Tibet, are designedtocompelreligious personneltoopenly express ledandmonitored by Party andgovernment officials, sessions, handle ontheideologicalstate oftheimamat alltimes,” ofthegovernment’sIn furtherance objective of “keeping a The “reeducation”ofimamsin2001and2002 in Tibet against Buddhistmonksandnuns since1996. waged similar tothenotorious education campaign” “patriotic and “political reeducation campaigns.”These are campaigns” inXinjiang conduct Chinese authorities “religious training of uptofourteen years. were sentencedtojailterms whose nameswere never released, whiletheotherseventeen defendants, fifteen-year jailterm, was sentencedtoa theallegedleaderofgroup, Abdurishit, Shirmehemet the defendants hadengaged inviolentacts. hsi o eeyatertcldlma judgingby the This isnotmerely atheoretical dilemma, of thing. political stability.” measure toopposeethnicsplittism andpreserve socialand radical Religious work “should beregarded asanimportant, agroup ofeighteenyoung for example, In August 1999, Independent religious practitionersare thusinano-win ( your parents why you are “making trouble” cadre inyour native villagefrom school.The willgoandask of problems onyour canexpel you headifyou dothat.They istoodangerous.Youreligious activities.This alot canbring ofencouraging illegal ately accuseyou ofbeingaseparatist, No way! This isimpossible! The government would immedi- The provincial, municipal, and district religious affairs anddistrict municipal, The provincial, 20 There ofany isnomentioninthereport evidence that 19 Xinjiang Party Secretary October2002 Wang Lequan, 18 23 21 The verdict was upheldby ahigher 22 Wen Po Wei basedinHong , naoshi ,that sort ), 25 The 24 the (zongjiao shiwuju) Ethnic Religious Affairs Committee[ outby the carried Third Bureau ( religious personnel(aswell astheevaluation is oftheclerics) 8,000 registered imamsabove thetownship level. increased from onceevery few years toonceayear for the attd”( “attitude” imam’s to putcontinuousserves pressure ontheclerics.The they are considered guiltyofviolating regulations.This takes, Butifthey admitmis- insincere about opposingseparatism. they are viewed asbeing donotoffer preciseclerics accounts, etc.). Kazakh, Huis, (Uighurs, divided intoethnically homogeneousworking groups whoare involve from different clerics areas ofXinjiang, to betrainedby theregion and6,000by thelocalities.” “2,000ofthem train 8,000 religious personalities,” “patriotic would itwas schools announced that Islamic scripture 2002, political education ofreligious personnel.” and “is responsible for the classes,” institutes andscriptures “reinforces themanagement ofreligiousgious personnel,” Work Department ing thepoliticalqualitiesofreligious leaders.” “reestablishing ideologicalunderstandingandimprov- correct 2001. between 15andDecember23, March “political reeducation” with8,000imamsabove thevillage level undergoing China, sincethefounding ofthePeople’s Republic of gious training” imposed onclerics. paigns in2001and2002systematized theideologicalcontrol ttheendoftraining. at must submita participant Each “study report” on separatism. andpositions Party doctrine, toreligious activities, pertaining theregulations concerning orally andinwriting, questions, by Partyspeeches andgovernment officials andmust answer sessions. provincial andprefectural levels tothetraining alsocontribute hog ute euainssins”andhave theiraccredi- through further “education session(s)” kept by thereligious affairs bureaus. is evaluations which are recorded intheimam’s personalfile, Final loyalty) thetraining. ismonitored during by instructors part ofothermembersthegroup.part have actionsonthe erroneous topointoutexamplesofsuch also ideas.They andhowerrors they have nurtured “incorrect” alsohave Clerics toadmit personal authorization. out prior orabout inviting from“agitating,” another area with- acleric that were they about failed theauthorities towarn “elements” may religious book.They alsorelate how used some “illegal” orhow themosque religious classeswere held, how “illegal” animamwilldescribe For instance, encountered intheirwork. they have or “incidents” precise accountsof “difficulties” huiyi ic 01 thefrequency ofthesetrainingsapparently has Since 2001, hs esosaeproeydsge slylytss If These sessionsare designedasloyalty purposely tests. sessions( ofexperience” During “exchange andtrainingsessionsare obligatory and “Reeducation” The 2001campaignwas officially “the largest-scale reli- Clerics who do not fulfill the ideological criteria canbeput whodonotfulfill theideologicalcriteria Clerics ), clerics are asked clerics with toaddress theotherparticipants ), 31 h wnydy“edcto”sessionswereThe twenty-day aimed at “reeducation” 29 taidu ]. —in thiscontextaeuphemism for political 26 28 The Third Bureau “plans thetrainingofreli- and theChinaIslamic Association at the 35 34 Clerics are forcedClerics tolisten Zongjiao sanchu 36 Minzu shiwuweiyuanhui 27 The UnitedFront ) oftheXinjiang huxiang jingyan 32 30 The cam- In March 33

REFORMING THE SYSTEM 15 CHINA RIGHTS FORUM NO. 2, 2005 tation suspended or removed. Local sources pointed out that tifically determined” by an ad hoc small group set up with these sessions were particularly taxing for old clerics from the leaders from the Regional Party Committee, the XUAR govern- countryside, who are forced to travel and are suddenly plunged ment, the State Administration of Religious Affairs, and the into arcane testing of their ideological loyalty to the Party.37 China Islamic Association: The Xinjiang Daily, the official organ of the Xinjiang CCP Committee, portrays these sessions in a positive light, suggest- The leading group deeply explored and scientifically deter- ing clerical appreciation for the “training”: mined the contents of courses by proceeding from the per- spective of guiding religion in adapting to the socialist During the study,imam-students were very enthusiastic and society and maintaining the lasting political stability of Xin- listened attentively to lectures. Some of them were aged and jiang,” reported the Xinjiang Daily . . . Imam students systemati- weak but persevered in attending classes, actively took part in cally studied General Secretary Jiang Zemin’s important discussions, and wrote study reports.38 speeches on religious issues, the Party’s ethnic and religious policies, relevant state laws and regulations, the history of The same article reported that after the 2001 campaign Xinjiang, and the history of Xinjiang religions.40 clerics declared: “Now we have set our mind at rest and seen the light as if we had just walked out of a dense fog.” The authorities also propagated selections of text from the According to secondary accounts given to Human Rights Koran that were deemed suitable. “New Edition of Selections Watch, 39 the climate of the training sessions is similar to from the Koran” (Xinbian Kuerlan bian) was published by the Xin- accounts given by people forced to write self-criticisms during jiang Religious Affairs Bureau in August 2001. Religious the Maoist era. Each session is a cat-and-mouse game, where bureaus of all districts, prefectures, and cities organized in a the safest way to be left off the hook is to admit to relatively planned manner the work of testing, explaining, training, and minor mistakes, if need be by inventing them. Such sessions diffusing the book, “obtaining great results,” according to offi- are a core component of the political “reeducation” campaigns cial reports.41 conducted for clerics since 2001. In October 2002, a Party- and government-sponsored The content of the courses, in which “political studies are regional conference on religious work was called in Urumqi to combined with training in religious knowledge,” was “scien- sum up the work of 2002 and lay out the plan for 2003.The

Xinjiang Uighurs in front of a billboard proclaiming, “The Chinese people are all one family.” Photo: AP Wide World Photos of conformity.” “coordinating andreinforcing thework ofannual inspection were with charged Xinjiang, Xinjiang andonefor southern onefor northern the following andtwo teams, November, under anadhoc “small leadinggroup.”The group was setup ledtothedesign ofafive-year-planof religious activities.This convened aconference todiscussannual inspectionsofplaces the XinjiangParty CommitteeandtheXinjianggovernment In August 2001, ofUighurmosques. to increase supervision initiated acampaignin2001 theXinjiangauthorities Manual, in Beijingandtheannual inthe inspectionregime prescribed ewr”( network” in2001establishedauthorities a “three-level religious control lowing years. targeted Nofigures for are available“rectification.” for thefol- and forty-one mosqueswere found tobe “non-conforming” Onehundred jiang’s 23,909mosqueswere inspectedin2001. the systemworks: in Aksu prefecture ofXinjiang gives apicture ofhowaffairs” of thework to “strengthen themanagement ofreligious other relevant following information account isrecorded.The and results andrecommendations ofinspections, dates, charge, mosque’s in detailsabout theclerics inspectionloginwhich andwhocontrol the logue withreligious personalities” who “maintain contactswithmosquesanddia- minorities” ofUighurmosquesby monitoring “leading cadres ofethnic levels.The systemestablishes anddistrict permanent ship, regulations are postedandavailable. andensure that government istakingplace, teaching “illegal” that no ascertain the accreditationinspections verify ofimams, other things, andinspectionofmosques.Among monitoring have since2001theauthorities radically steppedupthe ics, ofcler- Alongside efforts tostepupideologicalindoctrination ofmosquesin2001 supervision Control andconformity: religious publications: “expunge” and andordered hissubordinates to further “monitor” fied” to ensure that religious public figures were “politically quali- gaveXinjiang Party Secretary,Wang clearinstructions Lequan, In line with instructions from theCentralParty Committee In linewithinstructions nadto oteana npcino oqe,the In additiontotheannual inspectionofmosques, Xin- According totheXinjiangReligious Affairs Bureau, explanation ofthetexts. andunifyastandardizedexpounding religious figures, to effectively monitorthecontentoftextsexpoundedby actively explore methods activity andthecontentoftexts, reinforcement ofthemanagement oftheplacesreligious with thenation's laws andpolicies...We must implementa andaconsciouscompliance unification ofthemotherland, thedefense ofnational unityandthe gal religious activities, oppositiontonational splittismandille- the socialistsystem, for support Communist Party leadersand for themotherland, demand ofthefirst order. andbesure that they isa are politically qualified.This ures, must strengthen themanagement ofreligious public fig- We oiia ulfctosaetefloig anardentlove Political qualifications are thefollowing: sanji zongjiao guanliwangge 43 42 ,cmiigvlae town- combiningvillage, ), seven imams were andtwo arrested “underground mosques” Official inMay mediasourcesreported 2001that 2001. 11, andconsidered tooloudandabadinfluence.”school tookplace which “because themosquewas located besidea but eventually agreed tothefactory conversion,project began, and appealed when the toregional andBeijingauthorities had opposedtheconversion factory ofamosqueinto carpet and Religious Affairs Bureau declared that about five people anofficial ofHetianNationalities According tomediareports, demonstration was immediately putdown forces. by security the Localworshipers demonstrated against theaction; 2001. inHetianprefecturereported XinjianginOctober insouthern from therelevantwithout permission authorities. asprivate businessmen, such non-governmental sources, ent, costsofrepairs withindepend- he stressed thebanonsharing and safe andpractical” must reflect real needsandbeconcrete, “any maintenanceandrepair ofplacesfor religious activities Hedeclared that, on thepreservation ofexistingmosques. firm the existence of the ban in a speech relayed theexistenceofbaninaspeech by the firm October 2002theXinjiangParty appeared Secretary tocon- However, in issuedbymaterial theReligious Affairs Bureau. the measure was never officially andisnotfound confirmed in abanwas implementedafterthe1997 such Yining uprising, Although Uighurexileorganizations have longclaimedthat banning any new work construction onmosquesinXinjiang. effectively Xinjiang imposedeven more control onmosques, in authorities that time, gained new vigorsincelate 2001.At isprevalent mosquesandclerics non-conforming andhas in scattered official sourcessuggeststhat retaliation against However, information found actions. number andscaleofsuch Itisdifficult toassessthe non-reaccreditation ofimamssecret. andtheyIslam specifically, keep closures ofmosquesandthe are careful nottoappearChinese authorities tobetargeting ofclericsandthedemolitionmosques The persecution Daily patriotism. andtoprovide education andguidanceon ities andreligions, topropagate theparty’s policiestoward ethnicnational-ities, mosques onceaweek religious personal- totalkandbefriend liaisonpersonnelvisited contacts with416mosques...The sonnel aswell cadres as657leadingminority ity leadingcadres at thedeputycountylevel asliaisonper- prefecture appointed tenethnicminor- .Aksu . . periodically work truthfully.The handbooksare examinedandarchived oftheliaisonpersonnelfor recordingbook toeach their The CityReligious Affairs Bureau issuedanevaluation hand- The persecution of clerics did not start only didnotstart afterSeptember The persecutionofclerics was ofamosqueby theauthorities The destruction The Party alsounderscored Secretary limitations imposed activities. ciple we shouldnothave tobuild new placesfor religious Inprin- religious activitiesofreligiousthe normal believers. the Autonomous Regionare adequate tomeettheneedsof theplacesfor religious activitiesthroughout At thistime, : 45 44 toestablish . . . 46 47 Xinjiang

REFORMING THE SYSTEM 17 CHINA RIGHTS FORUM NO. 2, 2005 destroyed in the provincial capital Urumqi.The charges against unemployed, Uighur women and youngsters have turned into the men were not made public.48 According to official docu- prostitutes and vagrants. Pray Allah to save their souls, to give ments,Yusaiyin Wubulibei, former Imam of the Shayibake them jobs. Let the sound of our tears move Allah.A crowd of Mosque in Urumqi, was demoted and put under investigation one thousand were thus led to cry loudly.” by the Public Security Bureau in April 1999 for having This speech by the imam would normally be understood to “preached against the religious policies of the Party” and be a piece of everyday social commentary,the expression of “exacerbated contradictions within the patriotic clergy.” No further information regarding the charges against him was available at the time of writing.49 Response to Devastating In Yili prefecture alone, local government sources state that Blows: Religious Repression of seventy “illegal constructions or renovations of religious sites” were demolished and forty-four imams stripped of their “cre- Uighurs in Xinjiang dentials” (zige) between 1995 and 1999.50 The official Urumqi Yearbook of 1999 cites the closure of “twenty-one illegal reli- The publication of the joint HRW-HRIC report on gious sites” and the arrest of a group of reactionary religious April 12, and subsequent coverage in the interna- students in the regional capital Urumqi in 1998.51 It recounts tional press, prompted an unusual official rebuttal by that the authorities “smashed up” numerous illegal preaching the Chinese government. spots, confiscated two hundred volumes of reactionary books, During a news conference in Beijing on April 12, a and two hundred reactionary tapes and reactionary propa- spokesman for China’s Foreign Ministry delivered a ganda materials.52 blanket denial of religious freedom violations, stating The government has been careful to maintain a few show- that “all ethnic peoples in Xinjiang have full civil case mosques that have undergone extensive renovation, such rights, including the freedom to worship.”1 Evading as the Id-Kah Mosque in Kashgar. Local residents complain that response to the specific and documented violations the ban on renovations and extensions is particularly stringent cited in the report, he evoked international counter- for Uighur mosques and more lax for mosques attended by terrorism efforts to justify repression: “Cracking Hui Muslims, who are ethnically distinct from Uighurs. down on the East Turkestan movement is an impor- tant part of the global war against terrorism,” the A case of “extremism” spokesman said. “We should not confuse it with China typically justifies the detention or defrocking of clerics other religious or ethnic issues.” as a response either to “illegal activities”—often activities inte- Two days later, the report was the object of a spe- gral to the free exercise of religion—or to “religious extrem- cific refutation published in People’s Daily Online. Cit- ism,”53 a code term for terrorism.The general repression of ing the report’s statement that China was religion in Xinjiang casts doubts on the legitimacy of many of “smothering Islam under the guise of an anti-terror these punishments, but very few independent and reliable campaign,” the article quoted Dong Yunhu of the accounts have surfaced. China Society for Human Rights Studies (an official The case presented here is particularly significant because it body under the Ministry of Foreign Affairs) as say- is found in a high-level document issued by the Study Group ing that China “has never infringed any kinds of of the Xinjiang CCP Committee, the highest political authority human rights under the name of anti-terrorism.” in Xinjiang, as an example of what constitutes “extremism.”53 Dong added, “The terrorists that the Chinese gov- It thus carries the full weight of the Party leadership and sets a ernment fought were blacklisted by the entire inter- political line that all Party members, including prosecutors, national community and all China’s anti-terror judges, and government cadres, should refer to in deciding on campaigns were justifiable.”2 It is unclear what a case or carrying out decisions. “international community blacklist” Dong was The report depicts the following incident as an example of referring to. Interpol rejected demands by the Chi- what is termed “narrow-minded nationalist thinking” (xiazhai nese government to issue international warrants minzuzhuyi sixiang): against a number of alleged “East Turkestan” organi- zations and individuals last year. In the country,a few dangerous people with narrow-minded Notwithstanding the government’s refutation, nationalist thinking are pushing national-ethnic self-respect subsequent news coverage from Xinjiang itself by and self-belief to extremism, inciting scorn and discrimina- AFP and CNN.com provided strong confirmation of tion of other national-ethnic cultures . . .They one-sidedly the report’s key findings. In an April 21 dispatch debate a hot social issue, and fan feelings of dissatisfaction from Urumqi entitled “Uighurs living in fear as Bei- (buman qingxu) among the masses. jing cracks down,”AFP reported that local residents, both Uighur and Chinese, acknowledged a “more In July and August 1999, the imam of the Sidituwei severe” crackdown after Sept. 11, 2001, “further mosque in Hetian prefecture said in front of three or four sharpening racial tensions amid a huge influx of Han thousand people during the Friday prayer: “Because they are which would be covered by the rights to free expression and Controlling Religion in the Education System peaceful assembly.The choice of this speech as an example thus sends an unambiguous signal to all Party and government Minors barred from “participating in religious activities” in Xinjiang cadres that raising “hot social issues” (shehui redian wenti), and 2,NO. 2005 spurring “feelings of dissatisfaction” is equivalent to sepa- Although China prohibits religion within the state educational ratism. system nationwide,54 there is no law prohibiting children from participating in public or private state-sanctioned religious activities.55 Chinese entering the region as part of the govern- The situation is markedly different in Xinjiang, where article ment’s effort to revitalize its west through economic 14 of the XUAR regulation entitled Implementation Measures of the development.”3 The AFP report went on to say,“An Law on the Protection of Minors states that “parents and legal atmosphere of fear pervades China’s largely Muslim guardians may not allow minors to participate in religious Xinjiang region, where strangers shy away from activities.”56 The implementation of the ban seems to vary from

open discussion, and religious and civil rights are place to place, but some mosques display signs prohibiting the CHINA RIGHTS FORUM curbed.” entry of anyone under eighteen years of age.57 Uighur Muslims

On April 27, CNN.com reported similar fears and report that the ban is implemented against them more harshly 19 disenfranchisement in the southern city of Kashgar than against members of other ethnic or religious groups, but it under the headline “It’s what the Xinjiang resident applies to all religions in the region.58 This ban on religious couldn’t say that said the most.”4 The article reported, activity among children has no basis in Chinese law and is not “For the native Muslim Uighur population in the city known to exist anywhere else in China.The national Law on the of Kashgar, talking about ‘bad things’ to foreign visi- Protection of Minors59 does not include this clause. Neither do tors can be dangerous.” It continued, “Uighurs in similar implementation measures adopted by other provinces. Kashgar and across the vast province of Xinjiang say Even Tibet does not have such stringent regulations.The Chi- they are being squeezed culturally and economically nese government has always denied the existence of such a pro- by a steady influx of migrants from China’s over- hibition, which contradicts both China’s own constitution60 crowded east. It is part, they say,of a deliberate effort and international legal obligations.61 REFORMING THE SYSTEM by the Beijing government to dilute and repress their In Kashgar, people complained that even talking about reli- society—a program that involves tight controls on gion to their children was fraught with risks. One Kashgar their religion, widespread surveillance, detention and educator put it this way: executions.” Increased international attention to the situation This is a Uighur school and we are mostly Uighurs working in Xinjiang can bring the pressure necessary to hold here. But neither at home nor at work are you supposed to the Chinese government accountable for its wide- talk to the children about religion.You just talk about it and it spread human rights violations in the region.At a is illegal. Even with my own son, I am not supposed to tell briefing session of the U.S. Congressional Human him about Islam. How can this be possible?62 Rights Caucus (CHRC) on April 27, Human Rights Watch urged caucus members to “directly contact the Parents cannot avoid these strictures by sending their chil- Chinese Ambassador and in other ways communicate dren abroad to study.In addition to barring private religious [their] concern to Chinese authorities.5 education in Xinjiang, the 1996 directives also imposed strict controls on exchanges with the outside world, stressing that

1. “China: Rights Groups Accuse Beijing of Suppressing Uyghurs, “elementary and high school students from the border Smothering Islam,” Radio Free Europe,April 12, 2005 (http:// regions are not allowed to attend the elementary and high 63 www.rferl.org/featuresarticle/2005/4/A3857708-6FD0-4DE1- schools of foreign countries.” The directives instruct rele- 843B-B3010171AE5E.html). vant authorities to “severely restrict elementary and high 2. “White paper on human rights rebuts U.S. criticism,” People’s schools from developing cultural exchange programs with Daily Online,April 14, 2005 (http://english.people.com.cn/ schools in foreign countries” and to “tightly limit cultural 200504/14/eng20050414_180928.html). exchange activities such as foreign teachers teaching at Xin- 3. “Uighurs living in fear as Beijing cracks down,”AFP,April 21, jiang schools.”64 Instead, the directives establish political loy- 2005 (http://www.taipeitimes.com/News/world/archives/ alty as the principal criterion for allowing students to study 2005/04/21/2003251345). abroad.65 4. “Xinjiang: On the new frontier,” CNN.com,April 27, 2005 (http://www.cnn.com/2005/WORLD/asiapcf/04/20/ Purging the schools of religion eyeonchina.xinjiang/?section=cnn_latest). 5. Human Rights Watch, “Congressional Human Rights Caucus In Xinjiang, restrictions on religion in state educational institu- (CHRC) Members’ Briefing:The Human Rights Situation of tions go far beyond prohibiting the teaching of religion. Xin- Uighurs in the People’s Republic of China (PRC),”(http://hrw. jiang authorities are actively hostile to any action that may org/english/docs/2005/04/27/china10550.htm encourage religious interest among the young.The Urumqi Manual (discussed above) details the following “policy restric- tions” on religion in the educational system at all levels, Virtually any dissent or outward expression of religious including the university level: belief is banned in schools. Forms of dress or outward appear- ance deemed too closely associated with traditional practices 1. no religious activities to be carried out at schools; of Islam, such as men with beards or women with head- 2. no religious classes or preaching of religious beliefs, no scarves, are banned from schools. In Kashgar, for instance, a obstruction to education on morality and scientific culture; female teacher in a public education institution told Human 3. no coercing or seducing students to take up religious Rights Watch how this ban affected practicing Muslim women beliefs; no activities that would enhance the development teachers: of religious followers; 4. no school at the secondary level or below may adopt teach- My husband allows me to work here, even if he is upset that ing materials that promote religious belief; all teaching now all state jobs forbid you to wear even a little scarf over materials on religion adopted by the university must be your head, or something as small as a handkerchief. I am examined by the administrative department responsible for lucky: many colleagues of mine were told by their husbands education above the province level [in Beijing]; that they could not go out in the street and into work with 5. no teacher may violate the rules by leading the students to their heads uncovered, and simply had to quit their jobs.70 participate in religious activities; foreign teachers are for- bidden to engage in the preaching of religion at school.66 Even performing the most basic requirements of the Islamic faith, such as reading the Koran, engaging in daily The political sensitivity of religion, and particularly religion prayer, and fasting during the holy month of Ramadan, have as it contributes to Uighur social and cultural identity,is evi- been prohibited. In November 2001, a female student was dent from the case of a Uighur professor at a higher education reportedly expelled for disobeying school orders to stop per- institution in Xinjiang who was banned from teaching local forming five daily prayers. She was praying in her dormitory musical traditions. He described these events: room when discovered.71 The same report quoted a member of the staff of the Kashgar Teachers’ College as saying, “Teachers That is how it has gone with me, and mind you I am not and administrators have been asked to sign statements saying what you would call a fervent Muslim. Only during class I they will accept responsibility if any student in their class is would often talk about religious songs.They are widespread; caught fasting.”72 it is absurd that you are not allowed to speak about it. It is an Uighur students at Xinjiang University,Kashgar Teachers’ important part of our musical history and tradition, which is College, and Yining Teacher’s College all told Human Rights what I was supposed to teach. But then, the next term they Watch that all religious attitudes and practices are forbidden, [the school authorities] tell me not enough students enrolled praying is impossible for fear of reprisals, and the mere fact of in my course, which is not true. So I have not taught for a having a Koran or any religious publication is considered year now.They have not dismissed me and I should not com- grounds for expulsion. plain too much because I still eat the bread of the Communist Non-teaching personnel in schools also have had to discard Party,but I just walk around campus or sit at my desk. It is a religious practices.A relative of a Uighur working in an office total waste, but it is better not to talk about it.67 in a Kashgar school interviewed by Human Rights Watch recounted that simply sporting a beard was too much: Beginning in 2001, schools in numerous localities across Xinjiang underwent “cleanups.” Books which had “separatist I managed to set up some business with other relatives, and content” were removed from libraries, teachers were investi- that is my pride. I was working before in an office, dealing gated and reportedly fired, and students were warned that they with food supplies for schools, but then they said: “No were monitored and would be expelled if they did not con- beards allowed in here. Not even mustaches.” I thought how form to the new ideological requirements. can they tell me what I do with myself? This is our tradition, A report issued by the Hetian CCP Committee on January 5, nobody’s business. So I had an opportunity to leave, and I 2002, ordered educational authorities to “clean up and reor- left. But if you cannot find another job, in the private sector, ganize the schools, their leaders, and the teaching body so as you either shave or starve.73 to turn schools into a stronghold against separatism and infil- tration.”68 Such anecdotal accounts about interference with even the private exercise of religious freedom by students and teachers Do not allow religion to corrupt the schools; do not allow were confirmed by an official document obtained by Human anyone to teach school children ethnic separatism or to publi- Rights Watch.A letter was sent by the authorities of the Xin- cize religious ideas. Remove textbook contents which inspire jiang School of Forestry to some parents on July 15, 1999, ethnic separatism and publicize religious ideas....Since we quoting regulations from the Autonomous Region Education launched our battle against Eastern Turkestan separatist forces, Commission.The letter warned the parents that their children we found that religion, illegal religious activities and extrem- “have been praying and keeping fast, [and have been] involved ist religious thought have severely influenced, disturbed and in some religious activities” and that “if this behavior is seen infiltrated society and villages, and in particular education.69 again the students will be expelled.”The document states that Worshipers ataUighurmosque. Photo:APWideWorld Photos climate offear and mutual suspicion. resulting inageneral actisstrongly encouraged, any “suspect” if any caseofdissidentbehavior denunciation appears.The of andotherswho are heldresponsible classheads, tion directors, there isanelaborate network ofsec- Inaddition, organizations. andParty-affiliated theCCP, authorities, bysurveillance school are subjectedto In Xinjiangtoday, bothstudentsandteachers Enforcement throughsurveillance ordered anyone toreport themonthofRamadan: fasting during affairs committeetoldRadioFree Asia that they hadbeen official from acounty-level ChineseCommunist Party religious and by rules.”“our school (1996) ofthe Autonomous RegionEducation Commission,” 5 “DocumentNo. explicitly bannedby anofficial directive, are keeping fasts andotherreligious activities” “praying, investigation and shouldpay“Education branches specialattention tothe it.”report “If Ifind outthat any ofthemhave beenfasting Ihave to whodeclinedtobeidentified. saidtheofficial, Ramadan,” am responsible for preventing studentsfrom fasting during “We have anagreement withtheChinesegovernment that I hs etitosaesili lc.I oebr20,an InNovember 2004, are stillinplace. These restrictions 74 Political Bureau oftheChineseCommunist Party organization inschools.” ofteaching 75 imdb h uhrte hmevs whoacknowledge hav- themselves, byfirmed theauthorities ( n e p“nomto ewrs ( ing setup “information networks” and “religious activities.” books” “possession ofincorrect was dismissedonthegrounds of Mush district,Abdhurahman, inKashgar’s Uighursourcesallegethat aschoolteacher gion.” orbecausethey had “talked about reli- or government policies, oftheParty criticisms expelled for expressing politicalopinions, heard andmentionedcasesoffellow studentshaving been The studentsexpressed aconstantfear that they mightbeover- politically sensitive expulsionfrom risked thecollege. materials andthat anyone caughtpossessingreligiousleast twiceayear, or plained that at there were inthedormitories randomsearches re otahad‘ud’them.” and order toteach ‘guide’ ue stated: ture, Party’s ofKizilsu Deputy-Secretary Tadjik Autonomous Prefec- the LiuBaojian, In2001, linked Bureau. tothePublic Security zhangwo school directors.school offices and teaching sectionheads, of classroom heads, ofaclassactingasthebasis[ofnetwork]charge comprised in withtheteachers integrated withthelocalpolicestation, In every we school have established aninformation network inXinjiangare con- withinschools Political “witch-hunts” inKashgar Teacher’sFor studentscom- example, College, He addedcandidly that theobjective was to “control ) theevolution of the thinkingofpupils 77 78 xinxi wang ) inschools ...in 76

REFORMING THE SYSTEM 21 CHINA RIGHTS FORUM NO. 2, 2005 Special campaigns protects “freedom to believe in, or not believe in, any religion” As a complement to the structural elements of political control and “normal” (zhengchang) religious activities, but which also described above, the authorities have launched periodic cam- prohibits religious activities that impair public order, health, or paigns to enforce patriotic education and indoctrinate students education and proscribes “foreign domination” of religious against separatist ideology and illegal religious activities.The bodies and religious affairs.85 The freedom to express one’s May 2001 campaign illustrates this approach. In an article enti- religion through activities is not, however, guaranteed by the tled “Closely Monitor the Education of Youngsters” published constitution.This has been noted by international bodies such in the Xinjiang Daily on May 15, 2001, the Xinjiang Propaganda as the U.N.Working Group on Arbitrary Detention, which in Department emphasized that “education is the most important its 2004 report reiterated its recommendation that the consti- front in the fight against separatism.”The article continued: tution be revised to include such a guarantee. The international legal obligations that China has assumed The stability of schools is not only related to the stability of towards freedom of religion are unequivocal, and China’s poli- the whole society,but also to the long-term stability of Xin- cies and practices are in direct violation of these norms.The jiang. Strengthening the educational training of youngsters Universal Declaration of Human Rights (UDHR), an interna- and the political thinking of the teachers is a very important tional instrument all U.N. member states accept, and which has part of the work of preserving the social stability of Xinjiang attained the status of customary international law,guarantees and opposing on a daily basis the battle against separatism.79 persons the right to manifest their religion “either alone or in community with others and in public or private,”86 the right to Two days later, the authorities declared that an anti-crime be free from discrimination based upon religion,87 and the “Strike Hard” campaign—periodic drives against serious right to be free from unnecessary and arbitrary government crime conducted throughout China—was to be extended to regulation in exercising religious beliefs.88 the education system. “Strike Hard Rectification Does Not For- China is a signatory to the International Covenant for Civil get to Educate Youngsters about the Legal System,”80 read a and Political Rights (ICCPR) and although it has not yet ratified headline in the Xinjiang Daily, announcing that institutes of the Covenant, it is already bound not to act in such a way as to higher learning throughout the region were to be subjected to defeat the objects and purposes of the Covenant.89 The ICCPR a “three rectification” drive.81 Speaking at a “reeducation” protects the right of the individual to “have ...a religion or mobilization meeting in February 2002, Xinjiang Party Secre- belief of his choice, and [the] freedom, either individually or tary Wang Lequan stressed again the fact that political loyalty in community with others and in public or in private to mani- was to be placed above anything else.82 fest” it.90 It not only commits signatories to ensuring freedom According to parents, students, and teachers across Xinjiang of religion, but also commits them not to practice discrimina- with whom Human Rights Watch spoke, the political climate tion on the basis of religion.91 This obligation is violated by deteriorated sharply in 2001–2002, with the authorities China's practice of subjecting Uighur Muslims, much as it does organizing numerous rallies against separatism which teachers Tibetan Buddhists, to regulation of their religion in far more and students were forced to attend. One Uighur teacher in severe terms than that those imposed on other faiths or ethnic Kashgar interviewed for this report described this process of groups within China. ongoing indoctrination: The right to educate children “in conformity with their own convictions”92 is also violated by the prohibition on Uighurs I have had no holidays for three years, because when we do teaching their religion to their own children.The Covenant have holidays we are supposed to go and study anti-sepa- does allow exceptions where it is “necessary to protect public ratism, anti-this and anti-that. I cannot tell you the stuff we safety,order, health, or morals or the fundamental rights and have to study.Still, if you want to work, or need the pay,what freedoms of others,”93 but the restrictions China imposes on else can you do? You go and read that stuff as if it made sense.83 Uighur religious practice far exceed anything that could rea- sonably be justified under the treaty. These propaganda campaigns against separatism often con- The ICCPR additionally guarantees that the individual “shall verged with anti-crime sweeps of putative “separatists.”The not be subject to coercion which would impair his freedom to CCP frequently claims that “separatists and anti-China forces have or to adopt a religion or belief of his choice.”94 By man- use the cloak of religion to fan national separatism.”84 dating that imams include state propaganda in their messages, the Chinese government coerces religious leaders and wor- Freedom of Religion and China’s Responsibility shipers into adopting religious beliefs that are no longer of under International Law their own choosing.95 When the Chinese government trains China’s stance towards freedom of religion remains equivocal. and selects Uighur imams, it sets itself up as arbiter of “the The political ideology of the CCP has traditionally been hostile correctness of what are essentially the theological decisions of to religion, but its policy since the late 1970s has been to toler- religious groups,” and effectively prevents groups from organ- ate religious belief and expression among non-Party members izing and operating according to their own religious princi- so long as it does not threaten the CCP’s monopoly of author- ples.96 ity or the functions of the state. Finally,the ICCPR recognizes the right of religious minori- This ambivalence is expressed in the constitution, which ties “in community with the other members of their group hi w ovcin . . their own convictions . with inconformity gious andmoraleducation ofthechildren tent withtheevolving capacities ofthechild.” inamannerconsis- intheexercise ofhisorherright the child Belief, BasedonReligionor Intolerance andofDiscrimination oftheDeclaration ontheEliminationsupport of All Forms of China voted in In1991, protect freedom ofreligion andbelief. thereli- .” . toensure . . . provides for ofparents . “the liberty above. but issubjecttothesamelimitsas isnot derogable, right conscienceandreligion.The tofreedom ofthought, child 14(1) provides that “States Parties ofthe shallrespect theright oftheirculture.Article belief andpracticeisanintegralpart whenreligious toeducate theirchildren ofminorities right andthe ofparents toeducate theirchildren, theright gion, tofreedom ofreli- ofachild protects theright China isaparty, use hisorherown language. orto toprofess andpracticehisorherown religion, toenjoy his/herown culture, . . . shallnotbedeniedtheright . . . child a exist, orpersonsofindigenousorigins guistic minorities religious orlin- ethnic, “InthoseStates inwhich states that: h ihsaddte fteprns...toprovide direction to . . and dutiesoftheparents . the rights to...prof Islam. it appears tobeattempting torefashion ittoastate version of totheextentthat actually subverts Uighurreligion, minorities, ofreligious rather thanrespecting therights China, sages, and review Uighurimamsandtomandate theirreligious mes- certify, toselect, Byretaining theright limitation orexception. oftheICCPRdoesnotincludeanythis article provision for h) to observe days toobserve ofrest andto celebrate holidays andcere- h) electordesignate by successionappropri- appoint, totrain, g) tosolicitandreceive voluntary financial andothercontri- f) areligion orbelief inplacessuitable toteach for thesepur- e) issueanddisseminate relevant publications in towrite, d) andusetoanadequate extenttheneces- acquire, tomake, c) toestablish andmaintainappropriate orhumani- charitable b) toworship orassemble inconnectionwithareligion or a) the following rights: notingthat itincludes toreligious freedom, rates ontheright Declaration in the UDHRandICCPR.The 6elabo-Article more orlessidenticaltothoseof interms non-discrimination China has assented to other international instruments that instruments China hasassentedtootherinternational The Convention against inEducation also Discrimination towhich The Convention ontheRightsofChild(CRC), any religion orbelief; ate leaderscalledfor by therequirements andstandardsof butions from individualsand institutions; poses; these areas; a religion orbelief; orcustomsof related andmaterials totherites articles sary institutions; tarian poses; andtoestablish andmaintainplacesfor thesepur- belief, 98 103 99 Article 14(2)providesArticle that “States Parties shallrespect which reiterates the rights tofreedom reiterates ofreligion and therights which ess andpractice 102 their own 101 religion.” 97 100 Significantly, Article 30 Article 5. Amend article 36oftheconstitutiontoexplicitly Amendarticle protect 5. Ensure that peacefulreligious andpracticeis observance 4. Publicly disclosealllaws andregulations applicable toreli- 3. asthe2000 such Amendguidelinesfor religious freedom, 2. RepealtheXinjiangProvisional Regulations onReligion 1. we recommend that Chineseauthorities: rivation.To thisend, andfreedom against ofalltoliberty the right dep- itsarbitrary and ofparents toeducate theirchildren; theright own culture; totheir ofminorities theright andassembly; expression, tion, associa- to fulfill itsobligations torespect freedom ofreligion, these activitiesisprotected from state interference. but withapresumption that everysumption ofillegality, oneof theprovisions must beginnotwiththepre- religious freedom, tomeetanycretion ofthestate.Thus standardcommitmentto tobeaccordedatstate thedis- legislation andnotasaprivilege whereby law, notion ininternational existsprevious aright to the state conflictswithawidely apparatus.This understood they specifically have from theCPPand obtainedauthorization dom isactively deniedto UighurslivinginChinaexceptwhere toestablish andmaintaincommunications withindividuals i) NOTES: .Thefullreport, 1. .“ijagPrySceayEooi eeomn,Separatism,” “XinjiangParty EconomicDevelopment, Secretary 2. interference. tomanifest one’sthe right religious beliefswithout state offenses. neither equated withnorincursliability for state security gious practiceintheXinjiangUighur Autonomous region. anddonottake law.law, intoaccountinternational over ofpoliticalcriteria reflect theprimacy lations require, are problematic becausethey gofar beyond what theregu- asthosefound intheManual Guidelinessuch national law. withChina’s toconform obligations underinter- Manual, standards. association law withinternational intoconformity and national regulationsand bring onreligion andfreedom of Thorough legalreform isanurgent requirement ifChina is ofthese componentsofreligious autonomyEach andfree- national levels. andinternational and communities inmatters ofreligion andbeliefat the belief; monies inaccordancewiththeprecepts ofone'sreligion or 1029]. 2002 [CHI-2002- November 5, FBIS, 2002, October13, jiang Ribao], motherland andthepeople’s Editorial, interests.” .)opposeallillegalactivitiesthat the socialist use religion toharm . (. and overall national interest inthereligious activitiesthey undertake .)tosubordinate themselves thehigheststate toandserve interests . (. .)askreligious personnel . other(. the socialistsocietyadapt to each “Ourproposal oflettingreligions and towit: ence onreligious work, 2002 whilepresiding over andgovernment aregional party confer- 2001 [CHI-2001-0710].Wang Lequanreiterated July theseviews 25, inOctober FBIS, 52–53, pp. 26, no. 2001, June25, [Liaowang], downloadable-resources/Xinjiang%20Report?revision_id=21519. http://www.hrichina.org/fs/downloadables/pdf/ be accessedat: Devastating Blows:Religious Repression ofUighursinXinjiang Devastating Blows:Religious Xinjiang Daily [Xin- Outlook can ,

REFORMING THE SYSTEM 23 CHINA RIGHTS FORUM NO. 2, 2005 3. The former United Nation High Commissioner for Human Rights, replace them. (“The government of the Xinjiang Uygur Autonomous Mary Robinson, raised concerns on Xinjiang on her two visits to China, Region repeals 10 governmental regulations in administrative clean- in November 2001 and August 2002. (“Robinson warns China on up,” Xinjiang Economic Daily (Xinjiang Jingzhibao), May 24, 2004 [“Xin- repression,” BBC News Online, November 8, 200; “U.N. slams China jiang weiwuer zizhiqu qingli xingzheng shenpi feizhi 10 zhong zhengfu guizhang”]. 'anti-terror' crackdown,” CNN.com,August 20, 2002).The European 8. “Regulations on State Secrets and Specific Classification Limits in Reli- Parliament called in 2003 and 2004 for the adoption of a resolution on gious Affairs Work,” Promulgated by the State Administration of Reli- China at the U.N. Commission on Human Rights, citing the situation in gious Affairs and the State Secrets Protection Bureau, October 12, Xinjiang (European Parliament, “European Parliament resolution on the 1995 [Guowuyuan Zongjiao Shiwuju, Guojia Baomiju: Zongjiao EU's rights, priorities and recommendations for the 59th Session of the gongzuo zhong guojia mimi ji miji juti fanweide guiding]. U.N. Commission on Human Rights,” January 30, 2003; European Par- 9. “Regulations on the Specific Scope of State Secrets and Classification liament, “European Parliament resolution on the EU's rights, priorities of Ethnic Work,” Promulgated by the State Ethnic Affairs Commission and recommendations for the 60th Session of the U.N. Commission on and the State Secrets Protection Bureau, March 17, 1995. Human Rights in Geneva,” January 19, 2004). 10. Xinjiang Uighur Autonomous Region People’s Congress, “Xinjiang The United States Congressional-Executive Commission on China Uighur Autonomous Region Regulations on Religious Affairs,” July has noted “harsh repression and restrictions on religious activity” in 16, 1994, effective October 10, 1994. [Xinjiang weiwuer zizhiqu renda Xinjiang in its 2003 annual report to the Congress. (Congressional- changweihui:Xinjiang weiwuer zizhiqu zongjiao shiwu guanli tiaoli]. On national Executive Commission on China,Annual Report 2003, October 2, regulations see Human Rights Watch, China: State Control of Religion. 2003). Similar concerns are found in its previous report (Congres- 11. Document No. 7 urged authorities to “[l]egally strengthen the leader- sional-Executive Commission on China,Annual Report 2002, October ship and control over religion,” “[t]ake strong measures to prevent 2, 2002). Human Rights Watch, Human Rights in China, and Amnesty and fight against the infiltration and sabotaging activities of foreign International have published a number of reports on the situation in religious forces,” “[r]estrict all illegal religious activities,” and Xinjiang. See “U.S.: Don’t Send Detainees Back to China,” Human “[s]everely control the building of new mosques.” “Record of the Rights Watch, November 26, 2003, [online] Meeting of the Standing Committee of the Political Bureau of the Chi- http://www.hrw.org/press/2003/11/us112603.htm; Human Rights nese Communist Party concerning the maintenance of Stability in Watch, “China: Human Rights Concerns in Xinjiang,” October 2001, Xinjiang (Document 7),” reproduced in Human Rights Watch, [online], http://www.hrw.org/backgrounder/asia/china- “China: State Control of Religion: Update #1.” bck1017.htm; Human Rights Watch, “China: State Control of Religion: 12. "Unequivocally Oppose National Separatism, Illegal Religious Activi- Update #1,” March 1998; Human Rights in China, “Criminalizing Eth- ties,” Xinjiang Daily [Xinjiang Ribao],August 16, 1998, in "Xinjiang nicity: Political Repression in Xinjiang,” China Rights Forum, January Official on Opposing Separatism," FBIS, October 18, 1998 [CHI-98- 2004;Amnesty International, “People’s Republic of China: Uighurs 291]. fleeing persecution as China wages its ‘war on terror’,” July 7, 2004 [AI 13. This ad hoc Committee comprised the Chairmen of the nationalities, Index:ASA 17/021/2004];Amnesty International, “China: Interna- religious, foreign affairs and overseas Chinese Committees of the tional community must oppose attempt to brand peaceful political Standing Committee of the Xinjiang Uighur Autonomous Region activists as ‘terrorists’,” December 19, 2003 [AI Index:ASA Congress. 17/040/2003];Amnesty International, “People’s Republic of China: 14. “Draft Amendments to the Xinjiang Uighur Autonomous Region Reg- No justice for the victims of the 1997 crackdown in Ghulja (Yining),” ulations on the Management of Religious Affairs Adopted by the 23rd February 4, 2003 [AI Index:ASA 17/011/2003];Amnesty Interna- Session of the Standing Committee of the 9th People's Congress of tional, “People’s Republic of China: China’s anti-terrorism legislation Xinjiang Uighur Autonomous Region,” submitted on July 16, 2001 and repression in the Xinjiang Uighur Autonomous Region,” March [Xinjiang weiwuer zizhiqu zongjiao guanli tiaoli xiuzheng an (cao an)]. 2002 [AI Index:ASA 17/10/2002]. 15. The 2001 Amendments represent a codification of practice in Xinjiang’s 4. The “White Papers” of the Chinese government summarize the offi- religious affairs bureaus and committees.When submitting the 2001 cial view of human rights and explicitly aim to refute foreign criti- Amendments for ratification in July 2001, the Conference of Chairmen cism.The first paper was published two years after the 1989 reported it had conducted investigations and studies for nearly six Tiananmen massacre, in November 1991, soon followed by other months, and “extensively solicited opinions, held seven discussion white papers on specific issues, such as religious freedom, ethnic meetings with the relevant departments, retired leading cadres, experts minorities,Tibet, and so on.As reputed scholars have pointed out, and scholars, religious groups and well-known patriotic religious per- “One explicit aim of the White Paper was to refute foreign criticism sonages . . . members of the Standing Committee,” as well as hearing and present an alternative and more rosy picture of the situation in “the opinions and suggestions of nineteen relevant units.” China.” Steven C.Angle and Marina Svensson, The Chinese Human Rights 16. Urumqi Municipality Ethnic Religious Affairs Committee, “A Manual Reader:Documents and Commentary,1900–2000, (London and Armonk: M.E. for Urumqi Municipality Ethnic Religious Work,” June 2001. [Wulu- Sharpe, 1991), p.356. muji minzu zongjiao gongzuo pufa duben]. Quote taken from the afterword, 5. Information Office of the State Council Of the People's Republic of p. 73. China, White Paper:History and Development of Xinjiang, May,2003, Beijing, 17. The precise registration procedure is detailed in National Bureau of [online] http://www.china.org.cn/e-white/20030526/ [Xinjiang de Religious Affairs, “Measures regarding the registration of places of lishi yu fajian (baipishu)] http://news.xinhuanet.com/zhengfu/2003- religious activities,”April 13, 1994 [Guojia zongjiao shiwuju: 06/12/content_916235.htm]. zongjiao huodong changsuo dengji banfa].The regulations specify 6. White Paper, Section VIII “Upholding Equality and Unity Among Eth- that registration can be downgraded to a one or two year “temporary nic Groups, and Freedom of Religious Belief.” registration” if problems are found, or suspended for “rectification.” 7. The “Provisional Regulations for the Administration of Religious 18. Human Rights Watch interviews in Kashgar, July 1999. Activity Venues in the Xinjiang Uighur Autonomous Region” [Xinjiang 19. Ren Jieling, Li Yulin,“A Cursory Discussion of the Characteristics of weiwuer zizhiqu zongjiao huodong changsuo guanli zanxing guiding] were repealed "Three Categories of Persons” Undergoing Rehabilitation Through in May 2004. It is unclear whether newer regulations were adopted to Labor and How to Manage Them [Qiantan “sanlei laojiao renyuan”biaoxian 0 Quotedin “Bingtuan Supreme Court JailAffirms 20. Terms for Uighur 6 Ibid. 46. 45. 44. 334. p. 2002, XinjiangAnnals 43. 42. 41. 38. Ibid. 37. HumanRights Kashgar,Watch interviews withrelatives oftwo clerics, 36. Ibid. 35. Reeducation CampaignSteppedUp,” “MosqueLeaders’ 34. 33. Reeducation CampaignSteppedUp,” “MosqueLeaders’ 32. Reeducation CampaignSteppedUp,” “MosqueLeaders’ 30. Thesessionslasted10days onaverage in2001. 29. TheUnitedFront Work isresponsible Department for theelaboration 28. Ibid. 27. See Tibetan Information Network andHumanRights Watch (joint 25. IllegalReligious Activi- "Unequivocally OpposeNational Separatism, 24. Editorial, 23. Ibid. 22. 31. 7 Themosquewas apparently factory. “Mosque intoacarpet turned 47. 6 Website oftheXinjiangUighur Autonomous RegionPeople’s Govern- 26. 40. HumanRights Kashgar,Watch interviews with relatives oftwo clerics, 39. 21. “Bingtuan Supreme Court “BingtuanSupreme Court JailAffirms Terms for Uighur Youths,”21. ae,180arrested,” razed, 2002 [CHI-2002-1029]. [CHI-2002-0329]. 2002 [CHI-2002-1029]. Xinjiangnianjianchubanshe]. [Xinjiangnianjian2002, 333. p. 2003, 2002 Xinjiang Annals 2002 [CHI-2002-0117]. July 2000. 2002 [CHI-2002-0117]. July 2000. 2002[CHI-2002-0117]. January 23, FBIS, 2001, December 21, PostMorning [CHI-2002-0329]. Morning PostMorning 2002 [CHI-2002-0117]. PostMorning 2001[XinjiangRibao]. ber 21, http://www.zytzb.cn/zytzbwz/index.htm (inChinese)). Department, Official Website (Source: oftheUnitedFront the Dalaiclique.” the activitiesofdomesticandoverseas separatist enemy as forces such “coordinating therelevant outthefight against tocarry departments aswell as of policesandplansregarding ethnicandreligious affairs, http://www.xj.gov.cn/zfjg/mzz.php 2004). ment: (retrieved May 26, 1996). Human Rights Watch, report), 291]. 1998[CHI-98- October18, Official onOpposingSeparatism," FBIS, ties,” 2002[CHI-2002-1029]. November 5, 2003. December23, Radio Free Asia, eebr2,20,FI,Jnay2,2002[CHI-2002-0117]. January 23, FBIS, 2001, December 21, Youths,” 4. No. 2001, tezheng jiguanlideduice of mosqueprotesters denied,” Xinjiang Daily Xinjiang Daily Xinjiang Daily Xinjiang Daily Xinjiang Daily Xinjiang Daily Xinjiang Daily Xinjiang Daily Cutting Off the Serpent's Head:TighteningCutting OfftheSerpent's Controlin Tibet Radio Free Asia Xinjiang Daily oebr1,2001; November 14, , oebr1,2001. November 14, , oebr1,2001; November 14, , Xnin ia] coe 3 02 BS November 5, FBIS, 2002, October13, [Xinjiang Ribao], 2002 14, March FBIS, 2002, 13, March [Xinjiang Ribao], November 5, FBIS, 2002, October13, [Xinjiang Ribao], Xnin ia] eebr2,20,FI,January 23, FBIS, 2001, December21, [Xinjiang Ribao], Xnin ia] eebr2,20,FI,January 23, FBIS, 2001, December21, [Xinjiang Ribao], Xnin ia] ac 2 02 BS ac 4 2002 14, March FBIS, 2002, 12, March [Xinjiang Ribao], Xnin ia] eebr2,20,FI,January 23, FBIS, 2001, December21, [Xinjiang Ribao], Xnin ia]Ags 6 98 in"Xinjiang 1998, 16, [Xinjiang Ribao],August Uuq:Xnin erok ulsig House), Publishing XinjiangYearbook (Urumqi: ],” South China Morning PostSouth ChinaMorning eebr2,2003. December23, , Xnin ia] coe 3 02 FBIS, 2002, October13, [Xinjiang Ribao], Crime and reform studies Crime andreform South China Morning PostSouth ChinaMorning Xinjiang Daily Xinjiang Daily coe 4 01 “Arrests 2001; October14, , [Fanzui yugaizaoyanjiu], [Xinjiang Ribao], [Xinjiang Ribao], Xinjiang Daily coe 6 2001. October16, , (New York: South China South China South China Decem- , 1 h nentoa oeato cnmc SocialandCulturalRights Covenant TheInternational onEconomic, 61. 36. ConstitutionofthePeople’s Republic ofChina,Art. 60. Law ofthe StandingCommitteeoftheNational People’s Congress, 59. Implementation ofthebanfor XinjiangCatholics as hasbeenreported 58. Jacqueline Statement Reli- (Acting byArmijo Dr. Assistant Professor, 57. StandingCommitteeoftheXinjiangUighur Autonomous Regional 56. “For thepur- Convention TheU.N. ontheRightsofChildstates: 55. Theconstitutionstipulates that religion shouldnot “interfere withthe 54. “Investigative Study report Group oftheXinjiangParty Committee, 53. Ibid. 52. 51. 50. 49. inXinjiang,” HumanRightsConcerns HumanRights “China: Watch, 48. ini dcto CE hc rhbt aydsicin exclusion, prohibits tion inEducation (CDE)which “any distinction, SeealsotheConvention against Discrimina- 14). (art. and religion.” conscience tofreedom ofthought, ofthechild shall respect theright stipulates that “States Chinaisalso aparty, Parties to which (CRC), Convention ontheRightsofChild 13).The (art. convictions.” withtheirown inconformity and moraleducation of theirchildren .)toensure thereligious . to have respect for ofparents (. the liberty undertake “States parties of theparents toprovide religious education: therights enshrines Chinaratified 2001, which inMarch (ICESCR), baohufa People’s Republic ofChinaontheProtection ofMinors[ 2003. September 22, DevelopmentHamper Church UCANews, inRemoteMuslim Area,” “Governmentdren whomay Restrictions have wanted toenterit. from city's only church toJune2003anddroveApril away any chil- thatreported two government officials guardedtheentranceof ticing any He inany religion andtakingpart religious activity. andgovernment officials from prac- soldiers, teachers, as allstudents, aswell officials hadbannedpeopleyoungerernment thaneighteen, toUCANews reported inSeptember2003that gov- Song Zunsheng, in Catholic priest recently Father asSeptember2003.A Yining city, cecc.gov/pages/hearings/072403/armijo.php#_edn1). 2003(http://www. July 24, sional-Executive CommissiononChina, Stanford University) totheUnitedStates Congres- gious Studies, baohufa’banfa weiwuer zizhiqushishi daibiao dahuichangwuweiyuanhui:Xinjiang ‘weichengnianren 1993[ September25, tection ofMinors, Implementation Measures oftheLawPeople’s onthePro- Congress, persons. times usedto.acknowledge therelationship between two ormore issome- orchildren child theterms Inthereport, 1990). tember 2, Sep- 1989(entered intoforce, adoptedNovember 20, 1, art. Child, Convention isattained earlier.” majority ontheRightsof child, below theage ofeighteenyears unless underthelaw applicable tothe meansevery achild humanbeing poses ofthepresent Convention, 8). (art. State.” conduct activitiesthat interfere withtheeducational systemofthe states that “No organization orindividualmay make useofreligion to whiletheEducation Law 36), (art. educational systemoftheState” diaocha baogao zhengjuerenshi hequlixingshixiaXinjiangrenmin wenti de zuzhibu ketizu:Guanyu February 2001[ lem underthenew situation,” on correctly apprehending andresolving Xinjiang’s nationality prob- People’s Press [ 1999 YearbookUrumqi People’s Press [ 2000 YearbookUrumqi Yining Municipality Annals http://www.hrw.org/backgrounder/asia/china-bck1017.htm. [online], October 2001, Press [ ,Spebr9 1991. September9, ], Xinjiang renmin chubanshe ]. ]. Xinjiang minjianchubanshe Xinjiang minjianchubanshe Xnin inin19](rmi Xinjiang [Xinjiang nianjian1999](Urumqi: Xnin inin20](rmi Xinjiang [Xinjiang nianjian2000](Urumqi: Ynn hzi,Uuq:XinjiangPeople’s Urumqi: [Yining shizhi], ,2002. ], ) 2000. ]), pp.250–251. 2001, ]), Xinjiang weiwuer zizhiqurenmin Xinjiang weiwuer zizhiquwei Weichengnianren

REFORMING THE SYSTEM 25 CHINA RIGHTS FORUM NO. 2, 2005 limitation or preference which, being based on . . . religion . . . has the requirements of morality,public order and the general welfare in a purpose or effect of nullifying or impairing equality of treatment in . . democratic society.” .” (art. 1). China ratified the CDE on February 12, 1965. 89. China signed the ICCPR on October 5, 1998, but has yet to ratify it. 62. Human Rights Watch interview with informant B, Kashgar, June See Ratification of International Human Rights Treaties—China, Uni- 2002. versity of Minnesota Human Rights Library,available at 63. “Record of the Meeting of the Standing Committee of the Political http://www1.umn.edu/humanrts/research/ratification-china.html Bureau of the Chinese Communist Party concerning the maintenance (retrieved June 9, 2004).While China has not ratified the Covenant, it of Stability in Xinjiang (Document 7),” reproduced in Human Rights is still “obliged to refrain from acts which would defeat the object and Watch, “China: State Control of Religion: Update #1,” March 1998. purpose of the treaty” because it has signed the ICCPR and has not 64. Ibid. expressed an official intention to not become a party to it. See Vienna 65. “When choosing students for study abroad, pay great attention to Convention on the Law of Treaties, art. 18; Peter Malanczuk, ed., Ake- their attitude and their actual behavior. Do not send those without a hurst’s Modern Introduction to International Law (London: Routledge, 7th ed good attitude. Concerned branches should tightly control their crite- 1997), p. 135. ria in this respect when investigating and permitting students with 90. Ibid, art. 18(1). political backgrounds to go abroad for study with their own money.” 91. International Covenant on Civil and Political Rights, arts. 2 and 26 Ibid. (1976). 66. Manual, p. 31. 92. Ibid, 18(4) (emphasis added). 67. Human Rights Watch interview with informant C, Urumqi, June 93. Ibid, 18(3). 2002. 94. Ibid, 18(2). 68. “Separatists Alleged to have infiltrated Xinjiang Schools,”Agence 95. See Manfred Nowak, U.N.Covenant on Civil and Political Rights:CCPR Commen- France-Presse, January 31, 2002. tary (Strasbourg,Arlington: N.P.Engel, 1993), p. 315. (“Influencing 69. Ibid. is, in any event, impermissible when it is performed by way of coer- 70. Human Rights Watch interview with informant B, Kashgar, June cion, threat or some other unallowed means against the will of the 2002. person concerned or without at least his implicit approval”). 71. “China cracks down on its Muslims,”Agence France-Presse, Novem- 96. See “Recommendations for U.S. Policy on China,” U.S. Commission ber 23, 2001. on International Religious Freedom, February 13, 2002, p. 8, [online] 72. Ibid. http://www.uscirf.gov/reports/13Feb02/chinaRecommendaitons.p 73. Human Rights Watch interview with informant D, Kashgar, June hp3. 2002. 97. ICCPR, art. 27 (emphasis added). 74. “China Steps Up Religious Controls Over Muslim Uighurs,” Radio 98. “It is clear from the report of the Secretary-General on the historical Free Asia, November 17, 2004. background on art. 27 that the [Human Rights Committee] expressly 75. “Record of the Meeting of the Standing Committee of the Political sought to set down privileged treatment for minorities in order to Bureau of the Chinese Communist Party concerning the maintenance achieve real equality.This means that members of minorities are pro- of Stability in Xinjiang (Document 7),” reproduced in Human Rights vided with more rights than the rest of the population....In summary, Watch, “China: State Control of Religion: Update #1,” March 1998. it may be stated that persons belonging to minorities are guaranteed, as 76. World Uighur Network News (WUNN),April 4, 2002.The informa- against the remainder of the population, a privileged, unrestricted right tion was not corroborated by other media. to common enjoyment of their ...religion.As a negative right, art. 27 77. “Comprehensive Public Order: Urging Stability from the Small to the obligates the States Parties to refrain from interference and to practice Large, [Zongzhi:yao xiao dao da cu wending]” Xinjiang Legal Daily [Xinjiang tolerance.” Nowak, CCPR Commentary, pp. 500, 502. See also Eric Kolod- fazhibao], May 17, 2001. ner,“Religious Rights in China:A Comparison of International Human 78. Ibid. Rights Law and Chinese Domestic Legislation,” 12 UCLA Pac. Basin L.J. 79. “Highly monitor the education training of young pupils, [Gaodu Zhong- 407, 412–13 (1994) (“Article 27 compels two important conclusions. shi dui qingnian de peiyang giaoyu]” Xinjiang Daily [Xinjiang Ribao], May 15, First, minority religions enjoy a particularly protected status—assum- 2001. ing that art. 27 is more than just a redundant enunciation of the indi- 80. “Strike Hard Rectification Does Not Forget to Educate Youngsters vidual religious liberties protected under art. 18 and the principles of about the Legal System [yanda zhengdun bu wang qingnian fazhi nondiscrimination in art. 26.The absence of permissible derogations jiaoyu],” Xinjiang Legal Daily, May 17, 2001. further suggests this elevated status....Second, by explicitly proclaim- 81. Ibid. ing the right of minorities to have and practice ‘their own religion,’art. 82. Xinjiang Daily [Xinjiang Ribao], February 9, 2002, FBIS, March 25, 27 prohibits governments from establishing officially recognized reli- 2002. gious organizations while banning all others which conflict with gov- 83. Human Rights Watch interview with informant B, Kashgar, June ernment-sponsored belief systems”). 2002. 99. Convention on the Rights of the Child, art. 14(1). 84. Protect the Unity of the Motherland:a Handbook [Weihu zuguo tongyi: jian- 100. Ibid, art. 24(2). ming duben] (Urumqi: Xinjiang People’s Publishing House [Xinjiang 101. Ibid, art. 30. renmin chubanshe], 1996), p. 162. 102. Convention against Discrimination in Education, art, 5(b). 85. Constitution of the Peoples Republic of China, art. 36. 103. U.N. GA Resolution 36/55, Nov. 25, 1991.While General Assembly 86. Universal Declaration of Human Rights, art. 18 (1948). resolutions are not binding, they “may be evidence of customary law 87. Ibid, art. 2. because it reflects the views of the states voting for it.” Malanczuk, 88. Ibid, art. 29.Article 29 states: “In the exercise of his rights and free- Akehurst’s Modern Introduction to International Law, p. 54. In this case, the vote doms, everyone shall be subject only to such limitations as are deter- was unanimous.Additionally,a resolution entitled Elimination of All mined by law solely for the purpose of securing due recognition and Forms of Religious Intolerance passed without a vote on December respect for the rights and freedoms of others and of meeting the just 17, 1991.