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III. The
Right of Self-Government of Ethnic Autonomous Areas
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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 higher
levels 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 autonomous 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 the total 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 for permission 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 such areas shall
use one or more commonly used local languages when they are performing
official duties. If more than one language can be 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 Belief of
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 the rights
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 customs of 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 local capital 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 and protect local natural resources by law. They have
the priority, in accordance 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 Qiang Autonomous Prefecture
has taken full advantage of Jiuzhaigou and Huanglong, two World Natural
Heritage sites within its borders, in transforming 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 to manage
local financial matters. All financial revenue belonging to ethnic 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 is
higher 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, the forms by which
schools are run, curricula, language of teaching and method of enrollment,
in accordance with principles concerning education and legal provisions
of the state. Public ethnic primary and 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 their compulsory
education. Schools (classes) and other educational institutions whose
students are predominantly from ethnic minority families 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 documents of the Naxi ethnic group are
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. |
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