Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: CHN31427 Country: China Date: 7 March 2007 Keywords: China – Christians – Henan – Jianxi District – Luoyang City 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. Is Korea a signatory to the Convention? 2. What is the general situation for Christians in Henan, China? 3. Have there been any particular reports of harm caused to Christians in Jianxi City, Luoyang, Henan, in 2001 and also in 2005 and 2006. RESPONSE 1. Is Korea a signatory to the Convention? Yes, the Republic of Korea became a party to the 1951 Convention and the 1967 Protocol on 3 December 1992 (UNHCR 2006, States Parties to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol, 1 December http://www.unhcr.org/protect/PROTECTION/3b73b0d63.pdf – Accessed 27 February 2007 - Attachment 1). 2. What is the general situation for Christians in Henan, China? Henan reportedly has the largest number of Christians among all the provinces in China, with estimates of about five million Christians, most of whom attend house churches. The unregistered church movement is very strong in the province, as are a number of sects and cults. Henan is noted as a province for conflict between the underground churches and the authorities and most reports on Christians in Henan concern actions against them (Immigration and Refugee Board of Canada 2005, CHN100387.E – China: Situation of Protestants and treatment by authorities, particularly in Fujian and Guangdong (2001-2005), 7 September – Attachment 2; Lambert, Tony 2006, China’s Christian Millions, Monarch Books, Oxford, pp.249-250 – Attachment 3; DIAC Country Information Service 2006, Country Information Report No. 06/42 – China: Failed asylum seeker return decision (CISQUEST ref 8639), (sourced from DFAT advice of 7 August 2006), 25 August – Attachment 4). DFAT, in August 2006, advised generally that: …Underground church groups are by and large tolerated by the authorities. In occasional cases where an underground church leader has come to the attention of the Chinese authorities, on return to China the authorities might take the person in for questioning. In rare cases the person might face further consequences (for example administrative or criminal detention), depending on the circumstances of the case. For example, a prominent leader of an underground church group which was known for proselytising might be more likely to face more serious consequences than an ordinary member of an underground church group (DIAC Country Information Service 2006, Country Information Report No. 06/42 – China: Failed asylum seeker return decision (CISQUEST ref 8639), (sourced from DFAT advice of 7 August 2006), 25 August – Attachment 4). However, in respect of Henan DFAT continued that: Henan has a high prevalence of underground Christian church groups (which in formal terms China views as illegal). There are also more reports of the authorities in Henan taking action against such underground groups (compared to other provinces in China). This may be partly because local authorities in Henan take a more hard-line attitude towards these groups and partly because there are more of these groups than in some other provinces…(DIAC Country Information Service 2006, Country Information Report No. 06/42 – China: Failed asylum seeker return decision (CISQUEST ref 8639), (sourced from DFAT advice of 7 August 2006), 25 August – Attachment 4). Human Rights Watch reported in March 2006 that shortly after 1 March 2005 a crackdown began on the activities of house churches in Henan, as well as in the provinces of Shanxi, Hubei and Jiangxi, which continued throughout 2005 and into 2006 (Human Rights Watch 2006, China: A Year After New Regulations, Religious Rights Still Restricted, 1 March http://hrw.org/english/docs/2006/03/01/china12740_txt.htm – Accessed 17 March 2006 – Attachment 5). In the New York Times Kristof wrote: The China Aid Association, a U.S.-based group that monitors religious oppression, says that at least 1,958 Christians have been arrested in China in the last 12 months. The worst abuses are in Henan Province, where the police sometimes beat and torture Christians (Kristof, Nicholas D. 2006, ‘Keeping Faith In China’, New York Times, 25 June – Attachment 6). In its annual report for the year 2006 the China Aid Association (CAA) reported that Henan arrested the greatest number of Christians (174) of all provinces. It also reported four detentions (over ten days) and two imprisonments (more than one year) in Henan which were less than in some other provinces. In the 12-month period July 2005-May 2006 the CAA reported 823 house church leaders and members were arrested in 11 raids in Henan – compared to at least 1,958 Christians in 15 provinces (China Aid Association 2007, Annual Report on Persecution of Chinese House Churches by Province: From January 2006 to December 2006, January, p.3,5 – Attachment 7; ‘Persecution Report by Province in China Released Today’ 2006, China Aid Association website, 25 June http://www.chinaaid.org/english_site/press_release_detail.php?id=633 – 2 March 2007 – Attachment 8). References by the US State Department in its International Religious Freedom Report 2006 on the treatment of Christians in Henan are: • “…some local officials in Henan Province often mistreated unregistered Protestants” (US Department of State 2006, ‘[Introduction]’ in International Religious Freedom Report 2006 – China, 15 September – Attachment 9). • “…Henan Province house Christian pastor Zhang Rongliang was convicted in June 2006 of obtaining a passport through fraud and illegal border crossing. He was sentenced to seven-and-a-half years in prison…” (US Department of State 2006, ‘Abuses of Religious Freedom’ in International Religious Freedom Report 2006 – China, 15 September – Attachment 9). • “…In May [2006] several house church activists were detained in Henan Province’s Fugou County. At least three remained detained at the end of the period covered by this report” (US Department of State 2006, ‘Abuses of Religious Freedom’ in International Religious Freedom Report 2006 – China, 15 September – Attachment 9). Also, according to the CAA, in March 2006 the Public Security Bureau (PSB) raided a registered Protestant church in Xiangcheng County where Bible training was in progress. Three church leaders were arrested, one was released after the family paid a fine (‘Registered Church Raided in Henan; Prominent Musician in Beijing under House Arrest over Christian Fears; Multiple Arrests of House Church Leaders Occurred in Xinjiang and Shanxi’ 2006, China Aid Assistance website, 10 March http://www.chinaaid.org/english_site/press_release_detail.php?id=153 – Accessed 27 February 2007 – Attachment 10). Other reports from the CAA concerning Christians in Henan over the past few years are: • In August 2004, more than 100 house church leaders were arrested when the group was starting their first day meeting to a two-week retreat (‘More Than 100 House Church Leaders Arrested in Henan’ 2004, China Aid Association, 7 August http://www.peacehall.com/news/gb/english/2004/08/20 0408070237.shtml, Accessed 1 November 2006 – Attachment 11). • In November 2005 six house church leaders in Wuyang County were arrested at an “‘illegal religious gathering’”; four were later released and PSB officials reportedly told the other two they would be released when they stopped their house church gatherings or joined the official Three-Self Patriotic Movement (TSPM) (‘Six House Church Leaders Arrested in Henan; Arrested Church Leaders in Hunan Drugged for Information’ 2005, China Aid Association website, 7 November http://www.chinaaid.org/english_site/press_release_detail.php?id=54 – Accessed 28 February 2007 – Attachment 12). • On 6 January 2007 police raided a Christian gathering in Xiuwu County and 11 people were arrested. Two were released the next day and the other nine released on 20 January 2007, after 15 days of detention. The CAA stated that the detained Christians were not given any legal certificate of their arrest, detention and release. It is believed that the police deliberately do not provide legal evidence to prevent future lawsuits (‘Christian service raided in Henan province, 1st-trial Verdict of 8 Christian in Zhejiang 7.29 event’ 2007, China Aid Association website, 15 January http://www.chinaaid.org/english_site/press_releas e_detail.php?id=1357 – Accessed 16 January 2007 – Attachment 13; ‘House Church Worship Service Raided in Anhui Province; Inner Mongolia Christians Take Legal Measures to Protect Their Religious Freedom; 9 Arrested Church Leaders in Henan Released after 15 Days of Detention’ 2007, China Aid Association website, 26 January http://www.chinaaid.org/chinese_site/press_release_detail.php?id=1423 – Accessed 28 February 2007 – Attachment 14). Importantly, according to a September 2006 CAA report, the Henan Court revoked a Re- education Through Labour decision, the first time a Christian in China has won such a lawsuit (‘Henan Court Revokes the Re-education through Labor Decision – First Time a Chinese House Church Christian has won such a lawsuit’ 2006, China Aid Association website, 25 September http://www.chinaaid.org/english_site/press_release _detail.php?id=793 – Accessed 25 September 2006 – Attachment 15). The case involved the plaintiff, Li Huimin, arrested in March 2006 with other Christian after attending an Easter service at a home in Wen County, Henan. Li Huimin is in charge of a house church in Nanle County, Puyang City in Henan. He was reportedly taken by the Wen County Public Security Bureau, beaten, returned to Nanle County and detained there for 38 days.