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 localpeople'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 areasin 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 regionalautonomy 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 cadresand 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 415deputies 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 NPCStanding Committee.
กก (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 havemade 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 mayreport 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 groupexercising 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.
