|
III. The Right of
Self-Government of Ethnic Autonomous Areas
The organs of self-government
in ethnic autonomous areas perform the functions of local state organs as
prescribed in Section Five, Chapter Three of the Constitution. They also
exercise the right of self-government provided for in the Constitution, the Law
on Regional Ethnic Autonomy and other laws, and of carrying out and implementing
state laws and policies in the light of specific local conditions. The state
organs at higherlevels guarantee that organs of self-government in ethnic
autonomous areas exercise their right of self-government.
(1) Independently Managing the
Ethnic Group's Internal Affairs in Its Autonomous Area
People of various ethnic origins in autonomous areas
are entitled to vote and stand for election, as provided for in the Constitution
and other laws and, by electing deputies to the local people's congresses
and establishing other organs of self-government, exercise their
democratic rights to manage the internal affairs of their own ethnic groups
in their autonomous areas. Among the chairmen or vice-chairmen of the standing
committees of the people's congresses of all 155 autonomous areas in China
there are citizens of the ethnic group or groups exercising regional autonomy
in the area concerned. The heads of all auto-nomous regions, autonomous prefectures
and autonomous counties are all citizens of the ethnic groups exercising
regional autonomy in the areas concerned.
To guarantee that the organs of self-government
fully exercise their political right to manage the internal affairs
of their own ethnic groups in their autonomous areas, the state organs at
higher levels and organs of self-government in autonomous areas have taken all
measures to train a large number of minority cadres and specialized personnel
in the field of science, technology, operation and management. By the end of
2003, minority cadres and other specialized personnel totaled over 2.9 million.
Meanwhile, through electing deputies to
the National People's Congress from their own ethnic group, the ethnic minorities
exercise the right to manage state affairs. From the First National People's
Congress to the present day, the proportion of deputies of ethnic minorities
among the total number of deputies in every NPC has been higher than
the proportion of their populations in the nation's total in the corresponding periods.
For example, in the Tenth National People's Congress there are
415 deputies of ethnic minorities, accounting for 13.91 percent of thetotal
number of deputies, 5.5 percentage points higher than the proportion of their
populations in the nation's total. Every ethnic group has its own NPC deputy
or deputies. Ethnic groups with a population of more than one million have
members in the NPC Standing Committee.
(2) Ethnic Autonomous Areas Enjoy the
Right to Formulate Self-Government Regulations and Separate Regulations
The Law on Regional Ethnic Autonomy stipulates,
"Besides enjoying the same rights as enjoyed by other local state organs,
people's congresses in autonomous areas have the right to formulate self-government
regulations and other separate regulations in light of the particular
political, economic and cultural conditions of the ethnic group in that
autonomous area." The Law of the People's Republic of China on Legislation stipulates,
"Self-government regulations and separate regulations may contain
provisions which have been flexibly altered on the basis of existing laws or
administrative regulations to suit the particular conditions of the ethnic group."
It also stipulates, "Wherever self-government regulations and separate regulations
have made flexible alterations to existing laws, administrative
regulations or local laws and regulations, the self-government regulations
and separate regulations shall be applicable in that autonomous area."
According to the Law on Regional Ethnic Autonomy,"If the resolutions, decisions,
orders and directives of state organs at higher levels are not suitable
for the particular situation of an autonomous area, the organs of self-government
may report the matter to the higher state organs concerned,
asking forpermission to flexibly carry out, or halt the carrying out, of those
resolutions, decisions, orders and directives." By the end of 2003, ethnic
autonomous areas had formulated 133 self-government regulations and 384 separate
regulations. In light of the particular situation in each area, ethnic
autonomous areas have made flexible alterations or provide supplementary
regulations to 68 provisions in such laws as the Marriage Law, Inheritance Law,
Election Law, Land Law and Grassland Law.
(3) Using and Developing the
Spoken and Written Languages of the Ethnic Groups
According to the provisions of the
self-government regulations for ethnic autonomous areas, the organs of self-government
of suchareas shall use one or more commonly used local languages when
they are performing official duties. If more than one language canbe used for
such official duties, the language of the ethnic group exercising regional
autonomy should be used primarily. Autonomous areas such as Inner Mongolia,
Xinjiang and Tibet have formulated and implemented stipulations regarding the
use and development of the spoken and written languages of their own ethnic
groups, and rules and regulations for the implementation of these
stipulations.
Soon after New China was founded, the
state helped a dozen ethnic minorities improve or create their own written
languages. By the end of 2003, 22 ethnic minorities in China used 28 written
languages. In China, the spoken and written languages of ethnic minorities are
widely used in the fields of law and justice, administration, education,
political and social life, and other areas. When important meetings, such as the
CPC National Congress,NPC and CPPCC Sessions, are held, the documents of the
meetings are available in Mongolian, Tibetan, Uygur, Kazak, Korean, Yi and
Zhuang, and simultaneous interpretation in those languages are also provided.
(4) Respecting and Guaranteeing
the Freedom of Religious Beliefof Ethnic Minorities
Most people of ethnic minorities
cherish religious beliefs. In some ethnic groups the majority of the people are
adherents to a certain religion. For example, most Tibetans believe in Tibetan
Buddhism, while the Hui and Uygur peoples are followers of Islam. Organs of
self-government in autonomous areas, in accordance with the provisions of the
Constitution and relevant laws, respect and guarantee the freedom of religious
belief of ethnic minorities, and safeguard all legal and normal religious
activities of people of ethnic minorities. By the end of 2003, there were 1,700
sites in Tibet for Buddhists to conduct religious activities, and some 46,000
resident monks and nuns; there were 23,788 mosques and 26,000 clerical personnel
in the Xinjiang Uygur Autonomous Region; and there were 3,500 mosques and 5,100
clerical personnel in the Ningxia Hui Autonomous Region. All religious
activities are conducted normally, and the freedom of religious belief of ethnic
minorities is fully respected and guaranteed.
(5) Retaining or Altering the
Folkways and Customs of Ethnic Groups Organs of self-government of autonomous
areas guarantee therights and freedom of all ethnic minorities to retain their
traditional folkways and customs in daily life or when conducting social
activities. These include respecting the habits and customsof minority people,
respecting and showing special consideration for their festivals, ensuring the
supply of special foods, supporting and ensuring the production and supply of
special items,and respecting their marriage and funeral customs. Meanwhile, the
ethnic minorities are encouraged to adopt new, scientific, civilized and healthy
customs in daily life, as well as in marriages and funerals.
(6) Independently Arranging,
Managing and Developing Economic Construction
Organs of self-government of
autonomous areas may, in accordance with legal provisions and the
characteristics of local economic development, rationally adjust the relations
of production or economic structure of the said areas. Under the guidance of
state planning, they shall independently arrange localcapital construction
projects, depending on the local financial and material resources, and other
conditions. They manage local enterprises and institutions independently. Ethnic
autonomous areas can engage in foreign trade in accordance with the provisions
of the state. They can also open ports for foreign trade after obtaining
approval from the State Council. Autonomous areas enjoy state preferential
policy treatment in their foreign trade. All ethnic autonomous areas have
formulated their own plans,goals and measures for economic and social
development by following the guidance of the overall state plan for national
economic and social development, while at the same time taking into
consideration local conditions.
Organs of self-government of
autonomous areas are bound to protect and improve the local environment, and
prevent and deal with pollution and other public hazards. They determine, in
accordance with legal provisions, the right to own and use pastures and forests
within their autonomous area. They manage andprotect local natural resources by
law. They have the priority, inaccordance with legal provisions and the unified
plans of the state, in developing and using the natural resources that are
available to them. For instance, the Sichuan Aba Tibetan and QiangAutonomous
Prefecture has taken full advantage of Jiuzhaigou and Huanglong, two World
Natural Heritage sites within its borders, intransforming tourist resources into
a tourist industry. While developing such industry, special attention is paid to
the protection of the two sites.
Organs of self-government of
autonomous areas have the right tomanage local financial matters. All financial
revenue belonging toethnic autonomous areas under the state financial system can
be used by the organs of self-government without any restrictions. According to
stipulations of the state, financial budgetary expenditure of autonomous areas
should include some amounts as reserve funds, the proportion of which to the
total expenditure ishigher than those in other areas. In the process of managing
financial budgets, organs of self-government of autonomous areas are independent
in arranging and using the extra in their revenue or funds saved from their
expenditure. In implementing state tax laws, in addition to projects that enjoy
tax reduction or exemption upon approval from the state, organs of
self-government of autonomous areas can grant tax reduction and exemption to
projects that need encouragement and preferential treatment from local revenue.
(7) Independently Developing
Educational, Scientific, Technological and Cultural Undertakings
Organs of self-government of
autonomous areas determine the educational plan, the establishment of schools,
school system, theforms by which schools are run, curricula, language of
teaching and method of enrollment, in accordance with principles
concerningeducation and legal provisions of the state. Public ethnic primaryand
middle schools that provide boarding and allowances to most students are
established in pastureland and mountainous regions where families normally have
financial difficulties and live in scattered locations to ensure that the
students can complete theircompulsory education. Schools (classes) and other
educational institutions whose students are predominantly from ethnic
minorityfamilies should, if possible, use textbooks printed in their own
languages, and lessons should be taught in those languages. Chinese language
courses shall be offered at different times of the primary school period
depending on the particular situation, to propagate the use of putonghua
(standard Chinese).
Organs of self-government of
autonomous areas independently develop cultural undertakings with ethnic
characteristics, including literature, art, news, publishing, broadcasting,
movies and television programs. They organize relevant departments to collect,
edit, translate and publish historical and cultural books.They protect scenic
spots and historical sites, valuable cultural relics and other important items
of the local cultural heritage, and inherit and carry forward the traditional
culture of the ethnic group(s). By the end of August 2004, China had 29 world
cultural and natural heritage sites. Two of the cultural heritage sites, namely
the Potala Palace in Lhasa and the Old Town of Lijiang; and three of the natural
heritage sites, namely Jiuzhaigou Valley Scenic & Historic Interest Area,
Huanglong Scenic & Historic Interest Area and the scenic spot of Three
Parallel Rivers, are located in ethnic autonomous areas. In addition, the Dongba
classical docu-ments of the Naxi ethnic groupare included in the World Memory
Heritage List.
Organs of self-government of
autonomous areas independently determine plans for the development of science
and technology of their areas to disseminate knowledge of science and
technology. They independently determine development plans for their medical and
health work, and promote modern medicine as well as their traditional medicine.
By the end of 2003, there were 157 ethnic hospitals in China. Of these, 55 were
hospitals of Tibetan medicine, 41 hospitals of Mongolian medicine, 35 hospitals
of Uygur medicine, one hospital of Dai medicine and 25 hospitals of other types
of ethnic medicine. The total number of beds in these hospitals is 5,829.
Organs of self-government of autonomous areas make their own decisions when it comes to sports and the development of traditional ethnic sports activities. By the end of 2003, China had held National Traditional Ethnic Minority Sports Meet seven times. The Seventh National Traditional Ethnic Minority Sports Meet, held in Ningxia Hui Autonomous Region in 2003, consisted of 14 competitions and 125 demonstration events.
|