Refugee Review Tribunal AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: CHN33444 Country: Date: 4 July 2008

Keywords: China – Province – Fuqing City – Shouters – Detention procedures

This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein.

Questions

1. What is the current situation (May 2008) regarding the arrest and detention of Shouters in China generally? 2. What is the current situation (May 2008) regarding the arrest and detention of Shouters in Fuqing city and/or Fujian province? 3. What is the usual detention period for arrests regarding illegal religious activity under the relevant Chinese regulations? 4. Is it 15 days detention? 5. Deleted. 6. Deleted.

RESPONSE

1. What is the current situation (May 2008) regarding the arrest and detention of Shouters in China generally?

There continues to be a paucity of current and specific information concerning the detention of members of the Local Church („Shouters‟) in China. The comments made in a July 2006 research response are representative:

Recent information on the Shouters in China is scarce. The responses and reports below indicate that the group remains banned and operate underground although a limited number of Local Churche[s] have registered with local authorities. Sources also indicate that official repression continues (RRT Country Research 2006, Research Response CHN30336, 11 July – Attachment 1).

Recent research responses which have attempted to obtain comprehensive, reliable and current information on the numbers, level of activity and treatment by state or local authorities of members of the local church or „Shouters‟ have been forced to rely on often very general accounts of unregistered religious groups. In part this limitation is intrinsic to the difficulty of reliably generalising about any unregistered religious activity in China, the organisational structure and meeting and worship practices of the Shouters more specifically, and in part a broader difficulty relating to the reliability of statistical estimates of religious belief, Christian or otherwise, within China. Thus, for example, in 2004 one source claimed that there were around 500,000 members of Shouter churches in China (“Christian bible „smuggler‟ released after 3 years in prison” 2002, Asia News, 3 September, http://www.asianews.it/index.php?l=en&art=471 – Accessed 23 June 2008 – Attachment 2 whilst another referred to an unidentified source which put the figure at 800,000 (“Strong opinions surround Lee‟s Local Church” 2002, Orange County Register, 13 October [version inaccessible, but] published on Local Church Information Site http://www.lcinfo.org/?page=writings/media/ocregister1 – Accessed 1 July 2008 – Attachment 3). The latter source was the one used by Jason Kindopp in a detailed study of the Shouter movement submitted as part of a PhD program at George Washington University in 2004 (Jason Kindopp, “The Politics of Protestantism in Contemporary China: State Control, Civil Society, and Social Movement in a Single Party-State” – Attachment 4).

The most recent reports from major international agencies in general do not give a high degree of prominence to discussion of Shouter members or leaders, and whilst Shouters are occasionally mentioned, such reference is sometimes made in connection with a range of other outlawed „evil cults‟ („xiejiao‟) as they are generally called. Extrapolation as to both official and unofficial attitudes towards Shouters from discussion of the broader range of Protestant house churches is also found in some reports;

Since the banning of Falun Gong in 1999, the Chinese government has conducted a harsh campaign against „evil cults‟ and „heretic sects‟. This campaign against „evil cults‟ has, in recent years, expanded to include leaders of long-established Protestant groups. Over the past year, religious leaders have been imprisoned and followers detained and fined for „illegal cult activity‟… In February 2008, 21 leaders were sentenced to terms of one to three years of “re-education through labor” following a raid on a leadership training session in Shandong Province in December 2007, when police arrested 270 church leaders. The leaders were charged with being members of an „illegal cult‟ organization (United States Commission on International Religious Freedom 2008, USCIRF Annual Report 2008 – People’s Republic of China, 1 May – Attachment 5).

Human Rights Watch in its annual report for 2007 noted that

Reprisals against non-registered religious organizations have primarily focused on arrests of Protestants who attend “house churches,” for Bible study meetings and training sessions. The majority of those arrested are rapidly released, some after paying fines, but leaders of such underground churches are sometimes held on fabricated charges including “illegal business practices.” The freedom of belief of certain groups designated by the government as “evil cults,” including Falungong, continues to be severely restricted. (Human Rights Watch 2008, World Report 2008, 31 January – Attachment 6).

The US Department of State observed

During the period covered by this report, the Government‟s respect for religious freedom remained poor, especially for members of unregistered religious groups and groups the Government designated as “cults.” The Government tends to perceive unregulated religious gatherings or groups as a potential challenge to its authority, and it attempts to control and regulate religious groups to prevent the rise of sources of authority outside the control of the Government and the CCP. In some regions government supervision of religious activity was minimal, and registered and unregistered churches existed openly side-by-side and were treated similarly by the authorities. In other regions local officials supervised religion strictly, and authorities placed pressure on unregistered churches and their members. Local regulations, provincial work reports, and other government and party documents continued to exhort officials to enforce vigorously government policy regarding unregistered churches (US Department of State, International Religious Freedom Report for 2007 – China, September – Attachment 7).

In his 2007 article which gives an overview of today, Joseph Tse-Hei Lee comments that in Guangdong Province, the

church leaders have mediated between local authorities and Christians in the region. They take advantage of the Three-Self Patriotic Movement to support unregistered churches. In Shantou, the Three-Self Patriotic Movement church leaders even allow Seventh-Day Adventists to hold Sabbath and followers of to meet in registered church premises.

Elsewhere in the article he also refers to the existence of a four floor unregistered church building next to Xiamen University in Fujian Province, supporting reports referred to above concerning the variation in the level of tolerance of unregistered church activities across China generally (Joseph Tse-Hei Lee 2007, “Christianity in Contemporary China: An Update”, Journal of Church and State, Vol. 49, Spring, pp. 292, 301 – Attachment 8).

According to Jason Kindopp, local authorities have also apparently registered Local Churches in some provinces;

Local Churches now operate legally in , Nanjing, Fuzhou, and a number of rural counties in Zhajiang and Fujian Provinces. The Local Church in Fujian‟s rural Longtian district, for example recently built a massive church complex with a 4,000 person seating capacity and adjoining classrooms for Sunday school. Registration has often occurred in the face of TSPM opposition, although lianghui officials have also found it expedient to forge a modus vivendi with Local Church leaders, particularly in areas where Local Church adherents constitute a sizable minority or even a majority of Protestants (Jason Kindopp, “The Politics of Protestantism in Contemporary China: State Control, Civil Society, and Social Movement in a Single Party-State” – Attachment 4).

Other research responses which cover issues relating to the treatment of Shouters in China include:

RRT Country Research 2005, Research Response CHN17561, 7 October which provides general information about „Shouters‟ (Attachment 9)

RRT Country Research 2004, Research Response CHN16876, 11 August, includes general information and comments by two external experts in the area (Attachment 10).

RRT Research & Information Services 2007, Research Response CHN32709, 20 December, includes a later update and comments on Fujian (Attachment 11).

RRT Country Research 2006, Research Response CHN30365, 3 August includes DFAT advice (Attachment 12).

In its most recent annual report covering the year 2007, the China Aid Association provides an overview of the general situation for Christian house churches within China. Whilst it cautions against assuming that the incidents it has received knowledge of represent all such cases, it does state that the report “covers a majority of provinces and municipalities in China and involves many types of persecution all of which are sufficient to reflect the overall situation and the degree of persecution on house churches in the past year.” The Association‟s figures show that within mainland China there were 693 people arrested and detained (as compared with 650 in 2006) of whom 415 were church leaders (China Aid Association, “Annual Report of Persecution by the Government on Christian House Churches within Mainland China” 2008, CAA website February, http://chinaaid.org/news- center/persecution-report/ – Accessed 13 February 2008 – Attachment 13).

In its report for the previous year (calendar year 2006), the Association stated that

According to CAA sources alone, the government detained over 600 Christians in 2006. This figure is less than 2005 when more than 2000 arrests were reported. This reflects the Public Security Officials news tactic of interrogating church members during a raid rather than officially arresting them. Most of the reported detentions in 2006 were church leaders (China Aid Association, “Annual Report on Persecution of Chinese House Churches by Province: From January 2006 to December 2006” 2007, CAA website, January, http://chinaaid.org/news-center/persecution-report/ – Accessed 12 June 2007 – Attachment 14).

2. What is the current situation (May 2008) regarding the arrest and detention of Shouters in Fuqing city and/or Fujian province?

Recent information relating to the arrest and detention of Shouters in Fuqing city and Fujian Province is limited.

Some previous research responses have looked at whether the situation for Shouters in Fujian is different from other provinces, including:

RRT Country Research 2006, Research Response CHN31015, 8 December (Attachment 15).

RRT Country Research 2002, Research Response CHN15645, 23 December (Attachment 16).

RRT Research & Information Services 2008, Research Response CHN33062, 31 March (question 3) (Attachment 17).

This question was also referred to DFAT in June 2008, which was unable to provide any useful information:

DFAT is not able to provide substantial information on treatment of the “Shouters” in Fujian province beyond earlier reporting provided to the RRT and CIS (CHN30365 and CHN9120 – n.b. Attachment 12 and Attachment 24). As you advised that you have conducted thorough internet searches, we have not sought further information from internet-based sources. In the absence of specific tasking, we have not approached the Chinese authorities.

Question 1

DFAT is not able to provide specific or reliable information on the ability of “Shouter” Church members to attend house churches, prayer meetings, worship services and other activities associated with their religious practices in Fuijian Provinces. DFAT, however, notes more generally that the “Shouters” are considered by the Chinese authorities to be an illegal sect. As reported when responding to CIS requests CHN9120 [Attachment 24], those who attend churches which are not officially sanctioned may be subject to detention.

Question 2

DFAT is not able to provide reliable information on whether large numbers of detentions of “Shouter” church members have take place in Fujian Province over the last six years (Department of Foreign Affairs and Trade 2008, DFAT Report 844 RRT Information Request: CHN33508, 3 July – Attachment 18).

In the China Aid Association report for 2006 referred to above, no arrests or detentions in Fujian are recorded, although it did state that demolitions of house churches in , Jilin and Fujian Provinces occurred during the year (p. 19) – Attachment 14). In that Association‟s report for 2007 also referred to above, no events, arrests or detentions are referred to in Fujian Province (Attachment 13).

3. What is the usual detention period for arrests regarding illegal religious activity under the relevant Chinese regulations? 4. Is it 15 days detention?

The 2005 Regulations on Religious Affairs describe the circumstances under which administrative penalties may be applied in relation to religious activities:

Article 40 Those who use religion to engage in unlawful activities such as harming state or public security, violating the personal and democratic rights of citizens, jeopardizing social order, and seizing public and private property, shall, where such conduct constitutes a crime, be prosecuted under criminal law. Where such conduct does not constitute a crime, the competent department concerned shall impose an administrative penalty. If such conduct causes citizens, corporations, or other organizations to incur economic loss, the responsible parties shall be civilly liable for such loss.

Large-scale religious activities that harm public security or seriously upset the social order shall be penalized on site in accordance with laws and administrative regulations on assemblies, parades, and demonstrations. The registering authority shall rescind the registration of the organizing religious group or church/temple that is responsible.

Religious affairs departments shall order a halt to large-scale religious activities that are held without authorization, and they shall seize illicit income if there is any. Furthermore, they can impose fines of between 100% and 300% of illicit income. If such a large-scale religious activity is held without authorization by a religious group or a place of religious activity, the registering authority can also order that the religious group or place of religious activity replace the personnel who were directly responsible for the activity. (CHINA: Religious Affairs Regulations – State Council of the People‟s Republic of China CISNET CX115832 (http://immibelweh03/NXT/gateway.dll/cisnet_bacis/cisnet_bacis_chn_frame/bacis_cx11583 2?f=templates$fn=document-frameset.htm$q=cx115832%20$x=server$3.0#LPHit1 – Attachment 19) The „Law of the People‟s Republic of China on Penalties for Administration of Public Security‟ which came into effect on 1st March 2006 provides for administrative detention in a wide range of circumstances.

Article 27 A person who commits one of the following acts shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than 1,000 yuan; and if the circumstances are relatively minor, he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than 500 yuan:

(1) organizing, instigating, coercing, inducing or inciting another person to engage in activities of cults, superstitious sects, or secret societies, or making use of cults, superstitious sects, secret societies, or superstitious activities to disturb social order and harm the health of another people; or

(2) disturbing social order and harming the health of another person by masquerading under the name of religion or qigong. („Law of the People‟s Republic of China on Penalties for Administration of Public Security‟ 2006, National People‟s Congress website, 1 March, http://www.npc.gov.cn/zgrdw/english/news/newsDetail.jsp?id=2204&articleId=356952 – Accessed 25 May 2007 – Attachment 20)

As Article 119 of the 2006 law states, the new law replaced the 1994 „Regulations of the People‟s Republic of China on Administrative Penalties‟ – Attachment 21).

Additional information concerning administrative detention is provided in a 2008 Research Response (RRT Research & Information 2008, Research Response CHN32906, 4 February (question 2) – Attachment 22).

5. Question deleted.

6. Question deleted.

List of Sources Consulted

Internet Sources:

Government Information & Reports UK Home Office http://www.homeoffice.gov.uk/ US Department of State http://www.state.gov/ Immigration & Refugee Board of Canada http://www.irb-cisr.gc.ca/ UN UNHCR Refworld http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain International News & Politics BBC News http://news.bbc.co.uk The Times http://www.timesonline.co.uk/tol/global/ Non-Government Organisations Amnesty International http://www.amnesty.org/ European Country of Origin Information Network http://www.ecoi.net/ Freedom House http://www.freedomhouse.org/ Human Rights Watch http://www.hrw.org/ Topic Specific Links Apologetics Index http://www.apologeticsindex.org/ Boxun News http://www.boxun.com/ Christian Science Monitor http://www.csmonitor.com/ Christian Solidarity Worldwide http://www.csw.org.uk/ Committee for Investigation on Persecution of Religion in China http://www.china21.org/English/index.htm Compass Direct http://www.compassdirect.org/en/index.php Forum 18 http://www.forum18.org/ Free Church for China http://www.freechurchforchina.org/ Human Rights in China http://www.hrichina.org/public/index International Christian Concern http://www.persecution.org/newsite/index.php International Coalition for Religious Freedom http://www.religiousfreedom.com/ Open Doors International http://sb.od.org/ Overseas Ministry Fellowship http://www.omf.org.uk/ Worthy News http://worthynews.com/ Search Engines Google http://www.google.com.au/ Google Scholar http://www.googlescholar.com.au Clusty http://www.clusty.com Hakia http://www.hakia.com

Databases:

FACTIVA (news database) CISNET (DIAC Country Information database) REFINFO (IRBDC (Canada) Country Information database) ISYS (RRT Research & Information database, including Amnesty International, Human Rights Watch, US Department of State Reports) MRT-RRT Library Catalogue University of Melbourne Library Catalogue

Other periodicals The China Journal China Study Journal

List of Attachments

1. RRT Country Research 2006, Research Response CHN30336, 11 July.

2. “Christian bible „smuggler‟ released after 3 years in prison” 2002, Asia News, 3 September, http://www.asianews.it/index.php?l=en&art=471 – Accessed 23 June 2008.

3. “Strong opinions surround Lee‟s Local Church” 2002, Orange County Register, 13 October, published on Local Church Information Site http://www.lcinfo.org/?page=writings/media/ocregister1 – Accessed 1 July 2008.

4. Jason Kindopp, “The Politics of Protestantism in Contemporary China: State Control, Civil Society, and Social Movement in a Single Party-State” 2004, George Washington University PhD Thesis, 16 May (Extract – Chapter 9). (CISNET – CIS15633)

5. United States Commission on International Religious Freedom 2008, USCIRF Annual Report 2008 – People’s Republic of China, 1 May. (REFWORLD)

6. Human Rights Watch 2008, World Report 2008, 31 January.

7. US Department of State, International Religious Freedom Report for 2007 – China, September.

8. Joseph Tse-Hei Lee 2007, “Christianity in Contemporary China: An Update”, Journal of Church and State, Vol. 49, Spring.

9. RRT Country Research 2005, Research Response CHN17561, 7 October.

10. RRT Country Research 2004, Research Response CHN16876, 11 August.

11. RRT Research & Information Services 2007, Research Response CHN32709, 20 December.

12. RRT Country Research 2006, Research Response CHN30365, 3 August.

13. China Aid Association, “Annual Report of Persecution by the Government on Christian House Churches within Mainland China” 2008, CAA website February, http://chinaaid.org/news-center/persecution-report/ – Accessed 13 February 2008.

14. China Aid Association, “Annual Report on Persecution of Chinese House Churches by Province” 2007, CAA website, January, http://chinaaid.org/news- center/persecution-report/ – Accessed 12 June 2007.

15. RRT Country Research 2006, Research Response CHN31015, 8 December.

16. RRT Country Research 2002, Research Response CHN15645, 23 December.

17. RRT Research & Information Services 2008, Research Response CHN33062, 31 March.

18. Department of Foreign Affairs and Trade 2008, DFAT Report 844 RRT Information Request: CHN33508, 3 July.

19. „Religious Affairs Regulations – State Council of the People‟s Republic of China‟ 2005, CISNET CX115832 7 March. (CISNET – CX115832)

20. „Law of the People‟s Republic of China on Penalties for Administration of Public Security‟ 2006, National People‟s Congress website, 1 March, http://www.npc.gov.cn/zgrdw/english/news/newsDetail.jsp?id=2204&articleId=3569 52 – Accessed 25 May 2007. 21. „Regulations of the People‟s Republic of China on Administrative Penalties for Public Security‟ 1994, National People‟s Congress Website, 12 May, http://www.npc.gov.cn/zgrdw/english/news/newsDetail.jsp?id=2204&articleId=3449 74 – Accessed 25 May 2007.

22. RRT Research & Information 2008, Research Response CHN32906, 4 February.

23. Deleted.

24. DIAC Country Information Service 2007, CISQuest CHN9120 – ‘Shouters’ Christian group and Fujian Province (sourced from DFAT Advice of 28 November 2007, 28 November.