Under unified national leadership, self-government is exercised in areas heavily resided with ethnic minorities. Organs of self-government in these areas administer the right of self-government.
In principle, the administrative status of areas where self-government of ethnic autonomy is exercised is decided according to the geographical size and population of the areas. Autonomous regions enjoy the same status as provinces, autonomous prefectures enjoy the same status as prefectural-level cities and autonomous counties enjoy equal status as counties.
I. Organs of self-government of ethnic autonomous areas and their status
1. Organs of self-government of ethnic autonomous areas
The organs of self-government of ethnic autonomous areas are the people?s congresses, people?s governments, people?s courts and people?s procuratorates of autonomous regions, autonomous prefectures and autonomous counties.
The composition and work of organs of self-government of ethnic autonomous areas are governed by self-government regulations of ethnic autonomous areas or by separately drawn regulations, in accordance with the Constitution and law.
2. Administrative status of organs of self-government of ethnic autonomous areas
The people?s congress system is implemented in areas of ethnic autonomy.
People?s governments in areas of ethnic autonomy are responsible and report on their work to people?s congresses of corresponding levels and the state administrative organs of the higher level. When the people?s congresses are not in session, the people?s governments are responsible and report on their work to the standing committees of people?s congresses of corresponding levels.
All people?s governments in areas of ethnic autonomy are state administrative organs under the unified leadership of the State Council and are subordinate to the State Council.
The chairman of an autonomous region, the prefect of an autonomous a prefecture or the governor of an autonomous county are responsible for the work of the people?s governments of their respective levels.
II. The rights of organs of self-government of ethnic autonomous areas
1. Ethnic characteristics
(1) The chairman of an autonomous region, the prefect of an autonomous prefecture or the governor of an autonomous county shall be a citizen of the ethnic group exercising regional autonomy in the area concerned. The chairman or vice chairman of the standing committee of an ethnic autonomous area shall be a citizen of the ethnic group exercising regional autonomy in the area concerned.
(2) In the people?s congresses of ethnic autonomous areas, apart from representatives of the ethnic group exercising regional autonomy in the area concerned, other ethnic groups, particularly ethnic minorities, residing in the same area shall have appropriate representations. Ethnic groups with relatively small populations may receive preferential treatment in the allocation of the number of deputies according to law.
(3) In the people?s government and their working organs in ethnic autonomous areas, ethnic minority officials should be placed as many as possible. Ethnic minority officials basically conforming to the requirements should be given priority in official appointment.
When the ethnic group exercising regional autonomy makes up more than half of the total local population, there should be an equal ratio of officials from the ethnic group. Those whose populations are less than half of the total local population shall enjoy a ratio higher than their ethnic populations.
2. The right of self-government
(1) Law making
The people?s congresses of ethnic autonomous areas have the power to enact regulations on the exercise of autonomy and other separate regulations in the light of the political, economic and cultural characteristics of the ethnic group or ethnic groups in the areas concerned.
Regulations on the exercise of autonomy deal with basic questions in exercising ethnic autonomy. Separate regulations of autonomous regions deal with issues in individual aspects concerning the exercise of ethnic autonomy.
Regulations on the exercise of autonomy and separate regulations of autonomous regions on the exercise of autonomy may contain specifications different from state laws and policies.
Regulations on the exercise of autonomy of autonomous regions and separate regulations of autonomous regions shall be submitted to the Standing Committee of the NPC for approval before they go into effect.
Regulations on the exercise of autonomy of autonomous prefectures and counties and their separate regulations shall be submitted to standing committees of people?s congresses of provinces or autonomous regions for approval before they go into effect. They shall also be submitted to the Standing Committee of the NPC for the record.
(2) Flexible executive rights
When decisions, orders and goals issued by state organs of higher levels are inappropriate for the actual conditions of ethnic autonomous areas, organs of self-government may carry them out in a flexible manner or not carry them out, upon approval of state organs of higher levels.
(3) Power of autonomy in administering finances
Organs of self-government of ethnic autonomous areas have a relatively greater degree of the power of autonomy in administering the finances of their areas. They may enjoy preferential treatment of the state.
All revenues accruing to the ethnic autonomous areas under the financial system of the state shall be managed and used by the organs of self-government of those areas on their own.
Regulations concerning the revenues and expenditures in ethnic autonomous areas are made by the State Council according to the principle of providing preferential treatment to ethnic autonomous areas.
Extra reserve funds may be set up in the spending of financial budget of ethnic autonomous areas according to state regulations. The reserve funds in the budget of these areas may occupy a percentage higher than in other areas.
(4) The self-government right concerning languages
Organs of self-government of ethnic autonomous areas have a larger degree of power in administering cultural affairs.
In performing their functions, organs of self-government of ethnic autonomous areas, in accordance with the regulations on the exercise of autonomy in those areas, employ the spoken and written language or languages in common use in the locality.
In areas several languages are used in performing their functions, organs of self-governments may use the language of the ethnic group exercising regional autonomous in the areas.
(5) The right to organize public security forces
Organs of self-government in ethnic autonomous areas, in accordance with the national military system and actual needs in their localities and upon approval of the State Council, may organize public security forces to safeguard local public order.
