Legal Framework

The constitution, which cites the leadership of the CCP and the guidance of Marxism-Leninism and Mao Zedong and Xi Jinping Thought, states citizens “enjoy freedom of religious belief,” but it limits protections for religious practice to “normal religious activities,” without defining normal.  It states religion may not be used to disrupt public order, impair the health of citizens, or interfere with the educational system.  The constitution provides for the right to hold or not to hold a religious belief.  It says state organs, public organizations, and individuals may not discriminate against citizens “who believe in or do not believe in any religion.”  The constitution states, “Religious bodies and religious affairs are not subject to any foreign domination.”

The law does not allow individuals or groups to take legal action against the government based on the religious freedom protections afforded by the constitution.  Criminal law allows the state to sentence government officials to up to two years in prison if they violate a citizen’s religious freedom.

The government recognizes five official religions:  Buddhism, Taoism, Islam, Protestantism, and Catholicism.  Regulations require religious organizations to register with the government.  Only religious groups belonging to one of the five state-sanctioned religious associations are permitted to register, and only these organizations may legally hold worship services.  The five associations, which operate under the direction of the CCP’s United Front Work Department (UFWD), are the Buddhist Association of China, the Chinese Taoist Association, the Islamic Association of China, the TSPM, and the CCPA.  Other religious groups, such as Protestant groups unaffiliated with the official TSPM or Catholics professing loyalty to the Holy See but not affiliated with the CCPA, are not permitted to register as legal entities.  The law does not provide a mechanism for religious groups independent of the five official patriotic religious associations to obtain legal status.

The CCP is responsible for creating religious regulations and oversees the UFWD, which in turn manages the SARA’s functions and responsibilities.  The SARA is responsible for implementing the CCP’s religious regulations and administers the provincial and local bureaus of religious affairs.

On January 18, the SARA issued new regulations, effective May 1, entitled “Administrative Measures for Religious Clergy.”  The regulations require all clergy to pledge allegiance to the CCP and socialism and to create a database of “religious personnel” to track their performance.  Article 3 of the regulations states religious clergy “should love the motherland, support the leadership of the Chinese Communist Party, support the socialist system, abide by the constitution, laws, regulations, and rules, practice the core values of socialism, adhere to the principle of independent and self-administered religion in China, adhere to the direction of the Sinicization of religion in China, and operate to maintain national unity, religious harmony, and social stability.”  Article 6 states, in part, clergy should “resist illegal religious activities and religious extremist ideology, and resist infiltration by foreign forces using religion.”  The regulations also provide that “entrance to religious places of worship should be regulated through strict gatekeeping, verification of identity, and registration.”  The regulations also stipulate that authorities will hold religious organizations and institutions responsible for the behavior of individual religious clergy.  Article 7 stipulates religious staff should “focus on improving their own quality, improving their cultural and moral literacy, studying the contents of doctrines and regulations that are conducive to social harmony, progress of the times, and health and civilization, and integrate them into preaching, and play a role in promoting the Sinicization of religion in our country.”

The Counterterrorism Law describes “religious extremism” as the ideological basis of terrorism and states religious extremism uses “distorted religious teachings or other means to incite hatred or discrimination, or advocate violence.”

Authorities require CCP members and members of the armed forces to be atheists and forbid them from engaging in religious practices.  Members found to belong to religious organizations are subject to expulsion, although these rules are not universally enforced.  The vast majority of public office holders are CCP members, and membership is widely considered a prerequisite for success in a government career.  These restrictions on religious belief and practice also apply to retired CCP members.

The law bans certain religious or spiritual groups.  Criminal law defines banned groups as “cult [xie jiao, literally ‘heterodox teachings’] organizations” and provides for criminal prosecution of individuals belonging to such groups and punishment of up to life in prison.  There are no published criteria for determining, or procedures for challenging, such a designation.  A national security law also explicitly bans cult organizations.

The CCP maintains an extralegal, party-run security apparatus to eliminate the Falun Gong movement and other organizations.  The government considers Falun Gong an “illegal organization.”  The government continues to ban the Guanyin Method religious group (Guanyin Famen or the Way of the Goddess of Mercy) and Zhong Gong (a qigong exercise discipline).  The government also characterizes a number of Christian groups as “cult organizations,” including the Shouters, CAG (also known as Eastern Lightning), Society of Disciples (Mentu Hui), Full Scope Church (Quan Fanwei Jiaohui), Spirit Sect, New Testament Church, Three Grades of Servants (San Ban Puren), Association of Disciples, Established King Church, Family Federation for World Peace and Unification (Unification Church), Family of Love, and South China Church.

According to regulations, in order to register, religious organizations must submit information about the organization’s historical background, members, doctrines, key publications, minimum funding requirements, and government sponsor, which must be one of the five state-sanctioned religious associations.  Registration information is required only once, but religious organizations must reregister if changes are made to the required documentation.

Under revisions to the civil code passed by the National People’s Congress in 2020, a religious institution established according to law may apply for the status of a “legal person” (nonprofit entity) under Article 92 of the civil code.  The revisions formalize the ability of organizations to possess property, publish approved materials, train staff, and collect donations, thereby facilitating authorities’ ability to track and regulate religious institutions.

Religious and other regulations permit official patriotic religious associations to engage in activities such as building places of worship, training religious leaders, publishing literature, and providing social services to local communities.  The CCP’s UFWD, including the SARA, and the Ministry of Civil Affairs provide policy guidance and supervision on the implementation of these regulations.

Revisions to the Regulations on Religious Affairs in 2018 increased restrictions on unregistered religious groups.  Individuals who participate in unsanctioned religious activities are subject to criminal and administrative penalties.  The regulations stipulate that any form of income from illegal activities or illegal properties shall be confiscated and a fine imposed of between one to three times the value of the illegal income or properties.  If the illegal income or properties cannot be identified, officials impose a fine of less than 50,000 renminbi (RMB) ($7,800).  Authorities may penalize property owners renting space to unregistered religious groups by confiscating properties and illegal incomes and levying fines between RMB 20,000 and 200,000 ($3,100-$31,400).

Government policy allows religious groups to engage in charitable work, but regulations specifically prohibit faith-based organizations from proselytizing while conducting charitable activities.  Authorities require faith-based charities, like all other charitable groups, to register with the government.  Once they are registered as official charities, authorities allow them to raise funds publicly and to receive tax benefits.  The government does not permit unregistered charitable groups to raise funds openly, hire employees, open bank accounts, or own property.  According to several unregistered religious groups, the government requires faith-based charities to obtain official cosponsorship of their registration application by the local official religious affairs bureau.  Authorities often require these groups to affiliate with one of the five state-sanctioned religious associations.

The Regulations on Religious Affairs require members of religious groups to seek approval to travel abroad for “religious training, conferences, pilgrimages, and other activities.”  Anyone found organizing such activities without approval may be fined between RMB 20,000 and 200,000 ($3,100-$31,400).  Illegally obtained income connected to such travel may be seized and, “if the case constitutes a crime, criminal responsibility shall be investigated according to law.”

The regulations specify that no religious structure, including clerical housing, may be transferred, mortgaged, or utilized as an investment.  SARA regulations place restrictions on religious groups conducting business or making investments by stipulating the property and income of religious groups, schools, and venues must not be distributed and should be used for activities and charities befitting their purposes; any individual or organization that donates funds to build religious venues is prohibited from owning the venues.

The regulations impose a limit on foreign donations to religious groups, stating such donations must be used for activities that authorities deem appropriate for the group and the site.  Regulations state that any donations exceeding RMB 100,000 ($15,700) must be submitted to the local government for review and approval.  Religious groups, religious schools, and “religious activity sites” may not accept donations from foreign sources that have conditions attached.

The regulations require that religious activity “must not harm national security” or support “religious extremism.”  The regulations do not define “extremism.”  Measures to safeguard national unity and respond to “religious extremism” include monitoring groups, individuals, and institutions.  Penalties for “harm to national security” may include suspending groups and canceling the credentials of clergy.

National laws allow each provincial administration to issue its own regulations concerning religious affairs, including penalties for violations.  Many provinces updated their regulations after the national 2018 regulations came into effect.  In addition to the five officially recognized religions, local governments, at their discretion, may permit followers of certain unregistered religions to carry out religious practices.

By law, prison inmates have the right to believe in a religion and maintain their religious faith while in custody, but not a right to exercise their faith, such as by accessing prayer facilities or meeting with clergy.  Muslim prisoners are reportedly allowed to have meals with the “halal” label.

The law does not define what constitutes proselytizing.  The constitution states that no state unit, social organization, or individual may force a citizen to believe or not believe in a religion.  Offenders are subject to administrative and criminal penalties.

An amendment to the criminal law and a judicial interpretation by the national Supreme People’s Procuratorate and the Supreme People’s Court published in 2016 criminalize the act of forcing others to wear “extremist” garments or symbols; doing so is punishable by up to three years’ imprisonment, short-term detention, or controlled release, as well as a concurrent fine.  Neither the amendment nor the judicial interpretation defines what garments or symbols the law considers “extremist.”

Publication and distribution of literature containing religious content must follow guidelines determined by the State Publishing Administration.  Publication of religious material must also conform to guidelines determined by the Propaganda Department of the CCP Central Committee.  Online activities (“online religious information services”) of religious groups require prior approval from the provincial religious affairs bureau.  Religious texts published without authorization, including Bibles, Qurans, and Buddhist and Taoist texts, may be confiscated, and unauthorized publishing houses closed.

In December, the government published new regulations to limit online religious content.  The Measures for the Administration of Internet Religious Information Services, set to go into effect on March 1, 2022, would prohibit overseas organizations and individuals from operating online religious information services in the country.

The government offers some subsidies for the construction of state-sanctioned places of worship and religious schools.

To establish places of worship, religious organizations must first receive approval from the religious affairs department of the local government when the facility is proposed, and again before services are first held at that location.  Religious organizations must submit dozens of documents to register during these approval processes, including detailed management plans of their religious activities, exhaustive financial records, and personal information on all staff members.  Religious communities not going through the formal registration process may not legally have a set facility or worship meeting space.  Therefore, every time such groups want to reserve a space for worship, such as by renting a hotel room or an apartment, they must seek a separate approval from government authorities for that specific service.  Worshipping in a space without prior approval, gained either through the formal registration process or by seeking an approval for each service, is considered an illegal religious activity and is subject to criminal or administrative penalties.

By regulation, if a religious structure is to be demolished or relocated because of city planning or the construction of “key” projects, the party responsible for demolishing the structure must consult with its local bureau of religious affairs (guided by the SARA) and the religious group using the structure.  If all parties agree to the demolition, the party conducting the demolition must agree to rebuild the structure or to provide compensation equal to its appraised market value.

The Regulations on Religious Affairs include registration requirements for schools that allow only the five state-sanctioned religious associations or their affiliates to form religious schools.  Children younger than the age of 18 are prohibited from participating in religious activities and receiving religious education, even in schools run by religious organizations.  One regulation states that no individual may use religion to hinder the national education system and that no religious activities may be held in schools.  The law mandates the teaching of atheism in schools, and a CCP directive provides guidance to universities on how to prevent foreign proselytizing of university students.  The SARA also issued new regulations on September 1 entitled “Administrative Measures for Religious Schools” that stipulate religious schools should ensure CCP ideological training is included in all religious education, including required classes on Xi Jinping Thought, ideological and political theory, and socialism.

The Regulations on Religious Affairs of the Xinjiang Uyghur Autonomous Region state, “Minors shall not participate in religious activities.  No organization or individual may organize, induce or force minors to participate in religious activities.”  Minors are also prohibited from entering religious venues.  Multiple provinces send letters instructing parents that “teachers and parents should strictly enforce the principle of separation between education and religion and ensure that minors are not allowed to enter religious places, participate in religious activities, or to attend religious trainings.”  Individuals, including parents, who violate these regulations may be criminally liable.  Implementation of these rules, however, varies greatly across and within regions.

On September 1, the Ministry of Education published the “Administrative Measures for Off-campus Training Materials for Primary and Secondary School Students.”  “Off-campus training” refers to private tutoring services designed to help students prepare for entrance exams.  The regulations prohibit private tutors, including those based abroad, from using textbooks “propagating religious teachings, doctrines, canons, or xie jiao, or feudal superstitions, etc.”

The law states job applicants shall not face discrimination in hiring based on religious belief.

In 2020, the Administrative Measures for Religious Groups went into effect.  These measures comprise six chapters and 41 articles dealing with the organization, function, offices, supervision, projects, and economic administration of communities and groups at the national and local levels.  The measures state that only registered groups may operate legally and stipulate that religious organizations must support the leadership of the CCP, adhere to the direction of Sinicization, and implement the values of socialism.  Article 17 states that religious organizations shall “follow the path of socialism with Chinese characteristics, abide by laws, regulations, rules, and policies, correctly handle the relationship between national law and canon, and enhance national awareness, awareness of the rule of law, and citizenship.”

The country is not a party to the International Covenant on Civil and Political Rights (ICCPR).  With respect to Macau, the central government notified the UN Secretary-General, in part, that residents of Macau shall not be restricted in the rights and freedoms they are entitled to unless otherwise provided for by law, and in case of restrictions, the restrictions shall not contravene the ICCPR.  With respect to Hong Kong, the central government notified the Secretary-General, in part, that the ICCPR would also apply to the Hong Kong Special Administrative Region.

Legal Framework

The Basic Law states residents have freedom of conscience, freedom of religious belief, and freedom to preach, conduct, and participate in religious activities in public.  The Basic Law also states the government may not interfere in the internal affairs of religious organizations or restrict religious activities that do not contravene other laws.  The Basic Law calls for ties between the region’s religious groups and their counterparts in mainland China based on “nonsubordination, noninterference, and mutual respect.”  The Basic Law states that religious organizations “may maintain and develop their relations with religious organizations and believers elsewhere.”

The Bill of Rights Ordinance incorporates the religious freedom protections of the ICCPR, which include the right to manifest religious belief individually or in community with others, in public or private, and through worship, observance, practice, and teaching.  The Bill of Rights Ordinance states persons belonging to ethnic, religious, or linguistic minorities have the right to enjoy their own culture, profess and practice their own religion, and use their own language.  The ordinance also protects the right of parents or legal guardians to “ensure the religious and moral education of their children in conformity with their own convictions.”  These rights may be limited when an emergency is proclaimed and the “manifestation” of religious beliefs may be limited by law when necessary to protect public safety, order, health, or morals, or the rights of others.  If a state of emergency is proclaimed, the rights may not be limited based solely on religion.

In 2020, the PRC National People’s Congress (NPC) imposed the NSL for Hong Kong.  The law prohibits secession, subversion, terrorism, and “collusion with a foreign country or with external elements to endanger national security.”  The law states that it shall override local laws if there are inconsistencies.  The NSL states power to interpret the law lies with the NPC Standing Committee, not local courts.

PRC State Administration for Religious Affairs regulations entitled “Administrative Measures for Religious Clergy,” which came into force in mainland China on May 1, which require clergy to pledge allegiance to the CCP and promote the “Sinicization of religion,” do not apply to Hong Kong.

Religious groups are not legally required to register with the government.  They must, however, register to receive government benefits such as tax-exempt status, rent subsidies, government or other professional development training, use of government facilities, or a grant to provide social services.  To qualify for such benefits, a group must prove to the satisfaction of the government that it is established solely for religious, charitable, social, or recreational reasons.  Registrants must provide the name and purpose of the organization, identify its office holders, and confirm the address of the principal place of business and any other premises owned or occupied by the organization.  If a religious group registers with the government, it enters the registry of all NGOs, but the government makes no adjudication on the validity of any registered groups.  Religious groups may register as a society, a tax-exempt organization, or both, provided they have at least three members who hold valid SAR identity documents; the registration process normally takes approximately 12 working days.  The Falun Dafa Association is registered as a society rather than a religious group; as a society, it may establish offices, collect dues from members, and have legal status.

The Basic Law allows private schools to provide religious education.  The government offers subsidies to schools that are built and run by religious groups.  Government-subsidized schools must adhere to government curriculum standards and may not bar students based on religion, but they may provide nonmandatory religious instruction as part of their curriculum.  Teachers may not discriminate against students because of their religious beliefs.  The government curriculum mandates coursework on ethics and religious studies, with a focus on religious tolerance; it also includes elective modules on different world religions.

The NSL stipulates the SAR “shall take necessary measures to strengthen public communication, guidance, supervision and regulation over matters concerning national security, including those relating to schools, universities, social organizations, the media, and the internet.”  Pursuant to the NSL, the Education Bureau issued new guidelines on February 4 to incorporate lessons on “national security” into the government curriculum, beginning at the kindergarten level.  All schools following the Education Bureau curriculum, including those run by religious groups, must incorporate this material.  Private and international schools that do not receive funding from SAR authorities, including those run by religious groups, are not required to follow the new guidelines, but the guidelines state that these schools have the “responsibility to help their students… acquire a correct and objective understanding and apprehension of the concept of national security and the National Security Law.”

Religious groups may apply to the government to lease land on concessional terms through Home Affairs Bureau sponsorship.  Religious groups may apply to develop or use facilities in accordance with local legislation.

The Chinese Temples Committee, led by the Secretary for Home Affairs, has a direct role in managing the affairs of some temples.  The SAR chief executive appoints its members.  The committee oversees the management and logistical operations of 24 of the region’s 600 temples and gives grants to other charitable organizations.  The committee provides grants to the Home Affairs Bureau for disbursement in the form of financial assistance to needy ethnic Chinese citizens.  A colonial-era law does not require new temples to register to be eligible for Temples Committee assistance.

In March, the PRC NPC Standing Committee imposed new measures to amend Hong Kong’s electoral system.  Hong Kong’s majority pro-Beijing legislature passed a bill in May incorporating these measures into local legislation.  The new electoral system creates a nomination and vetting system for all candidates for political office that Beijing and Hong Kong authorities described as designed to ensure that only “patriots” govern Hong Kong.  Hong Kong voters directly elect 20 of the Legislative Council’s newly expanded 90 seats.  Forty of the seats are elected by the Chief Executive Election Committee (CEEC) directly, while 30 are selected as representatives of “functional constituencies” from various economic and social sectors.  The CEEC comprises 1,500 members from five sectors.  The religious subsector, under the third sector (“Grassroots, labor, religious, and other”), is composed of the Catholic Diocese of Hong Kong, Chinese Muslim Cultural and Fraternal Association, Hong Kong Christian Council, Hong Kong Taoist Association, Confucian Academy, and Hong Kong Buddhist Association.  These six bodies are each entitled to 10 of the 60 seats for the religious subsector on the CEEC.  The religious subsector is not required to hold elections under the Chief Executive Election Ordinance.  Instead, each religious organization selects its electors in its own fashion.  Each of the six designated religious groups is also a member of the Hong Kong Colloquium of Religious Leaders.

Legal Framework

The Basic Law states residents have freedom of religious belief and the freedom to publicly preach as well as conduct and participate in religious activities.  These rights may be limited in extraordinary situations for national security reasons.  The Basic Law further stipulates the government shall not interfere in the internal affairs of religious groups or in their relations with their counterparts outside Macau.  It bars the government from restricting religious activities that do not contravene the laws of the SAR.

Under the Basic Law, the SAR government, rather than the central government of the PRC, safeguards religious freedom in the SAR.

PRC State Administration for Religious Affairs regulations entitled “Administrative Measures for Religious Clergy,” which came into force on the mainland May 1, requiring clergy to pledge allegiance to the CCP and promote the “Sinicization of religion,” do not apply to Macau.

The law states there is no official religion in the SAR and stipulates all religious denominations are equal before the law.  The law provides for freedom of religion, including privacy of religious belief, freedom of religious assembly, freedom to hold religious processions, and freedom of religious education.  In 2020, the SAR enacted bylaws to the 2009 NSL allowing the Judiciary Police to create four new national security branches:  the National Security Information Division; the National Security Crime Investigation Division; the National Security Action Support Division; and the National Security Affairs Integrated Service Division, with investigative authority over religious groups and personnel, among others.

Religious groups are not required to register to conduct religious activities, but registration enables them to benefit from legal status.  Benefits include exemption from taxation (such as property tax, stamp duty, complementary tax [profit tax], and industrial tax) and receiving financial assistance from the government.  Religious groups are required to register with the Identification Bureau, providing the name of an individual applicant and that person’s position in the group, identification card number, and contact information, as well as the group’s name and a copy of the group’s charter.  Registered charities receive the same benefits as registered religious groups.  Religious groups need to be registered separately as a charity under a similar or different name in order to provide charitable services.

The law states that religious organizations may run seminaries and schools, hospitals, and welfare institutions, and provide other social services.

There is no religious education in public schools.  A small number of schools run by religious organizations receive no public funding, and these schools may require students to receive religious education.

By law, religious groups may develop and maintain relations with religious groups abroad.

Legal Framework

The PRC constitution, which cites the leadership of the CCP and the guidance of Marxism-Leninism and Mao Zedong and Xi Jinping Thought, states that citizens “enjoy freedom of religious belief,” but it limits protections for religious practice to “normal religious activities,” without defining “normal.”  The constitution bans the state, public organizations, and individuals from compelling citizens to believe in, or not believe in, any religion.  It says religion may not be used to disrupt public order, impair the health of citizens, or interfere with the educational system.  The constitution states religious bodies and affairs are not to be “subject to any foreign control.”  The government recognizes five official religions:  Buddhism, Taoism, Islam, Protestantism, and Catholicism.  Only religious groups belonging to one of the five state-sanctioned “patriotic religious associations” representing these religions are permitted to register with the government and legally hold worship services or other religious ceremonies and activities.

CCP regulations regarding religion are issued by the CCP’s United Front Work Department (UFWD).  The UFWD’s Bureau of Ethnic and Religious Work manages religious affairs through the SARA.

The UFWD controls the selection of Tibetan religious leaders, including lamas.  Regulations stipulate that, depending on the perceived geographic area of influence of the lama, relevant administrative entities may deny permission for a lama to be recognized as reincarnated (a tenet of Tibetan Buddhism), and that these administrative entities must approve reincarnations.  The UFWD claims the right to deny recognition of reincarnations of high lamas of “especially great influence.”  The regulations also state no foreign organization or individual may interfere in the selection of reincarnate lamas, and all reincarnate lamas must be reborn within China.  The CCP maintains a registry of officially recognized reincarnate lamas.

Regulations issued by the UFWD allow Chinese citizens to take part only in officially approved religious practices; these regulations assert CCP control over all aspects of religions, including religious venues, groups, personnel, and schools.  Through local regulations issued under the framework of the national-level Management Regulation of Tibetan Buddhist Monasteries, governments of the TAR and other autonomous Tibetan areas control the registration of monasteries, nunneries, and other Tibetan Buddhist religious centers.  The regulations also give the CCP formal control over building and managing religious structures and require monasteries to obtain official permission to hold large-scale religious events or gatherings.

The central government’s Regulations on Religious Affairs require religious groups to register with the government, impose fines on landlords who provide facilities for unauthorized religious activities, and restrict contact with overseas religious institutions.  The regulations require religious groups to seek approval to travel abroad and prohibit “accepting domination by external forces,” which authorities say include Tibetans living outside the country, particularly the Dalai Lama.  The regulations submit religious schools to the same oversight as places of worship and impose restrictions on religious groups conducting business or investments, including placing limits on the amount of donations they may receive, thereby constraining property ownership and development.  Publication and distribution of literature containing religious content must follow guidelines determined by the State Publishing Administration.  Publication of religious material must also conform to guidelines determined by the Propaganda Department of the CCP Central Committee.

The regulations also require that religious activity “must not harm national security.”  While the regulations stipulate that religious groups must abide by the law, safeguard national unity, and respond to “religious extremism,” the term “extremism” is undefined.  Measures to safeguard unity and respond to “religious extremism” include monitoring groups, individuals, and institutions, and recommending penalties such as suspending groups and canceling clergy credentials.  The regulations stipulate that the online activities of religious groups must be approved by the provincial UFWD.

On January 1, the “Regulations on Counter-espionage Security of the Tibet Autonomous Region” came into force.  According to the regulations, “counter-espionage” in the TAR includes activities such as “ethnic separatism,” “ethnic conflict,” and “using religion to endanger national security.”

On January 18, the SARA issued new regulations, effective May 1, entitled “Administrative Measures for Religious Clergy,” that require all clergy to pledge allegiance to the CCP and socialism and that create a database of “religious personnel” to track their performance.  Article 3 of the regulations states religious clergy “should love the motherland, support the leadership of the Chinese Communist Party, support the socialist system, abide by the constitution, laws, regulations, and rules, practice the core values of socialism, adhere to the principle of independent and self-administered religion in China, adhere to the direction of the Sinicization of religion in China, and operate to maintain national unity, religious harmony, and social stability.”  Article 6 states, in part, that clergy should “resist illegal religious activities and religious extremist ideology, and resist infiltration by foreign forces using religion.”  The regulations also provide that “entrance to religious places of worship should be regulated through strict gatekeeping, verification of identity, and registration.”  The regulations also stipulate that religious organizations and institutions will be held responsible for the behaviors of individual religious clergy.  Article 7 stipulates religious staff should “focus on improving their own quality, improving their cultural and moral literacy, studying the contents of doctrines and regulations that are conducive to social harmony, progress of the times, and health and civilization, and integrate them into preaching, and play a role in promoting the Sinicization of religion in our country.”

The SARA also issued new regulations on September 1 requiring all religious schools to teach Xi Jinping Thought and adhere to the “Sinicization of religion.”  The 2020 “Guidelines for National Security in Universities, Primary, and Secondary Schools” require school curriculums to ensure students “adhere to the correct path” by “strengthening the party’s leadership, enhancing political ideology, and practicing core socialist values.”

Children younger than the age of 18 are prohibited from participating in religious activities and receiving religious education, even in schools run by religious organizations.  Enforcement and implementation of these rules vary widely across and within regions.  One regulation states that no individual may use religion to hinder the national education system and that no religious activities may be held in schools.  These regulations have effectively barred Tibetan youth from entering monasteries prior to reaching 18 years of age.

In January 2020, the government adopted the “Regulations on the Establishment of a Model Area for Ethnic Unity and Progress in the Tibet Autonomous Region.”  These require “equal opportunities” for non-Tibetan ethnic groups at all levels of government and in schools, private business companies, religious centers, and the military in the TAR.

A government policy introduced in 2018 requires Tibetan monks and nuns to undergo political training in CCP ideology.  Monks and nuns must not only demonstrate competence in religious studies, but must also show “political reliability,” “moral integrity capable of impressing the public,” and a willingness to “play an active role at critical moments.”

Self-immolation (setting oneself on fire as a form of protest) is considered homicide, and family members, teachers, and religious leaders may be charged as accessories to homicide if a relative, pupil, or follower chooses to self-immolate.

To establish formal places of worship, religious organizations must receive approval from the local UFWD, both when the facility is proposed and again prior to the first time any services are held at that location.  Religious organizations must submit dozens of documents to register during these approval processes, including detailed management plans of their religious activities, exhaustive financial records, and personal information on all staff members.  Religious communities not going through the formal registration process may not legally have an established facility or worship meeting space; they must seek a separate approval from CCP authorities each time they want to reserve a space for worship, such as by renting a hotel or an apartment.  Worshipping in a space without prior approval, either through the formal registration process or by seeking an approval for each service, is considered an illegal religious activity that may be criminally or administratively punished.

Individuals must apply to the TAR CCP Committee to take up religious orders, and the committee may deny any application.  Regulations also require monks and nuns to obtain permission from officials in both the originating and receiving counties before traveling to other prefectures or to county-level cities within the TAR to “practice their religion,” engage in religious activities, study, or teach.  TAPs outside the TAR have similar regulations.

At the central level, the CCP Central Committee’s Central Tibet Work Coordination Group and the UFWD are responsible for developing and implementing religious management policies, which are carried out with support from the five state-sanctioned patriotic religious associations:  The Three-Self Patriotic Movement (Protestant), the Chinese Catholic Patriotic Association, the Chinese Taoist Association, the Islamic Association of China, and the Buddhist Association of China (BAC).  At local levels, party leaders and branches of the UFWD, SARA, and BAC are required to coordinate implementation of religious policies in monasteries.

CCP members and retired government officials, including Tibetans, are required to be atheists and are forbidden from engaging in religious practices.  CCP members who are found to belong to religious organizations are subject to various types of punishment, including termination of their employment and expulsion from the CCP.

Legal Framework

The constitution, which cites the leadership of the CCP and the guidance of Marxism-Leninism and Mao Zedong and Xi Jinping Thought, states that citizens “enjoy freedom of religious belief” but limits protections for religious practice to “normal religious activities,” without defining “normal.”  The constitution also stipulates the right of citizens to believe in or not believe in any religion.  The government recognizes five official religions – Buddhism, Taoism, Islam, Protestantism, and Roman Catholicism.  Only religious groups belonging to one of five state-sanctioned “patriotic religious associations” (the Buddhist Association of China, the Chinese Taoist Association, the Islamic Association of China, the Three-Self Patriotic Movement, and the Chinese Catholic Patriotic Association) representing these religions are permitted to register with the government and legally hold worship services or other religious ceremonies and activities.

The Regulations on Religious Affairs require that religious activity “must not harm national security.”  While the regulations stipulate religious groups must abide by the law, safeguard national unity, and respond to “religious extremism,” the term “extremism” is undefined.  Measures to safeguard unity and respond to “religious extremism” include monitoring groups, individuals, and institutions, and recommending penalties such as suspending groups and canceling clergy credentials.

In addition to the national counterterrorism law, Xinjiang has its own counterterrorism and “de-extremification” laws that went into effect in 2016 and 2017, respectively, containing similar provisions to the national law regarding “religious extremism.”  These laws ban wearing long beards, full-face coverings, and religious dress; expanding halal practice beyond food and daily prayer; and “interfering” with family planning, weddings, funerals, or inheritance, among other provisions.  The law limits the information that may be released to the public following an incident the government defines as a terror attack.

Regional regulations passed in 2018 to implement the national counterterrorism law permit the establishment of “vocational skills education training centers” (which the government also calls “education centers” and “education and transformation establishments”) to “carry out antiextremist ideological education.”  The regulations stipulate that “institutions such as vocational skill education training centers should carry out training sessions on the common national language, laws and regulations, and vocational skills, and carry out antiextremist ideological education, and psychological and behavioral correction to promote thought transformation of trainees and help them return to the society and family.”

CCP members and retired government officials, including Uyghurs, are required to be atheists and are forbidden from engaging in religious practices.  CCP members who are found to belong to religious organizations are subject to various types of punishment, including termination of their employment and expulsion from the CCP.

Regulations in Xinjiang’s capital, Urumqi, prohibit veils that cover the face, homeschooling children, and “abnormal beards.”  A separate regulation bans the practice of religion in government buildings and the wearing of clothes associated with “religious extremism.”  Neither “abnormal” nor “religious extremism” are defined in law.  Similar regulations are in effect in other parts of Xinjiang.

Authorities in the XUAR have defined 26 religious activities, including some practices of Islam, Christianity, and Tibetan Buddhism, as illegal without prior government authorization.  Regional regulations stipulate no classes, scripture study groups, or religious studies courses may be offered by any group or institution without prior government approval.  No religious group may carry out any religious activities, including preaching, missionary work, proselytizing, and ordaining clergy, without government approval.  Regional regulations also ban editing, translation, publication, printing, reproduction, production, distribution, sale, and dissemination of religious publications and audiovisual products without authorization.

Xinjiang officials require minors to complete nine years of compulsory public education before they may receive religious education outside of school.  Xinjiang regulations also forbid minors from participating in religious activities and impose penalties on organizations and individuals who “organize, entice, or force” minors to participate in religious activities.  A regulation in effect since 2016 further bans any form of religious activity in Xinjiang schools and stipulates parents or guardians who “organize, lure, or force minors into religious activities” may be stopped by anyone and reported to police.  Xinjiang’s regional version of the Prevention of Juvenile Delinquency Law states children affected by ethnic separatism, extremism, and terrorism, and/or committing offenses that seriously endanger society but do not warrant a criminal punishment may be sent to “specialized schools for correction” at the request of their parents, guardians, or the school.

The State Administration of Religious Affairs (SARA) issued new regulations, effective May 1, entitled “Administrative Measures for Religious Clergy,” that require all clergy to pledge allegiance to the PRC and socialism and that create a database of “religious personnel” to track their performance.  Article 3 of the regulations states clergy “should love the motherland, support the leadership of the Chinese Communist Party, support the socialist system, abide by the constitution, laws, regulations, and rules, practice the core values of socialism, adhere to the principle of independent and self-administered religion in China, adhere to the direction of the Sinicization of religion in China, and operate to maintain national unity, religious harmony, and social stability.”  Article 6 states, in part, clergy should “resist illegal religious activities and religious extremist ideology, and resist infiltration by foreign forces using religion.”  Article 41 states “entrance to religious places of worship should be regulated through strict gatekeeping, verification of identity, and registration.”  The regulations also stipulate that authorities will hold religious organizations and institutions responsible for the behavior of individual religious clergy.  Article 7 stipulates religious staff should “focus on improving their own quality, improving their cultural and moral literacy, studying the contents of doctrines and regulations that are conducive to social harmony, progress of the times, and health and civilization, and integrate [these values and practices] into preaching, and play a role in promoting the Sinicization of religion in our country.”

In addition to these nationwide rules, XUAR regulations on the administration of religious affairs, revised in 2014, require clerics to “uphold the leadership of the CCP and the socialist system, safeguard the reunification of the motherland and ethnic unity, be patriotic and loyal, and have high prestige and religious knowledge.”

The SARA also issued new regulations on September 1 requiring all religious schools to teach Xi Jinping Thought and adhere to the “Sinicization of religion.”

The Islamic Association of China, managed by the SARA under the leadership of the United Front Work Department, passed regulations in 2019 regarding the qualifications for Muslim clerics throughout the country.  The national-level regulations require Muslim clerics to meet the following requirements: “uphold the leadership of the CCP; love Islam and serve Muslims; possess a degree or receive formal training in Islamic scriptural education; have graduated from junior high school or above, in addition to attaining competency in Arabic; and be at least 22 years old.”

To apply to become a cleric, applicants first need to submit an “Application Form for the Qualification of Islamic Clerics.”  In addition, they must provide a certificate of education from an Islamic school, an education certificate from junior high school or above, and a physical examination certificate issued by a designated hospital (including items such as “mental history”).  Applicants are also required to submit a household registration certificate and national identification card.  The applicant must receive a letter of recommendation written by the Administration of Islamic Activity Sites where the applicant’s household registration is located and submit it to the Islamic Association of the province, autonomous region, or municipality after review and approval by the local Islamic Association.

On September 28, the Standing Committee of the 13th People’s Congress of XUAR adopted “Regulations of the Xinjiang Uyghur Autonomous Region on the Construction of Public Safety,” effective on January 1, 2022.  The regulations instruct authorities to “crack down” on “ethnic separatist forces, evil terrorist forces, religious extremist forces, and other illegal and criminal activities that endanger national security[.]”  The regulations also call for “control[ing] illegal religious activities, illegal religious propaganda materials, and illegal religious network dissemination in accordance with the law, and continu[ing] to promote de-radicalization.”  The regulations further state authorities will “carry out anti-cult or xie jiao [literally ‘heterodox teachings’] propaganda and education,” prevent and crack down on various “cult” organizations, and effectively educate and reform the individuals involved in “cults.”  The regulations also call for full implementation across the entire XUAR of a grid system of social surveillance that had previously been used only in certain parts of the region.