Earlier this month Forum 18 published an article that examined whether the establishment of a law regarding religion at a national level would be a positive step toward ending the sometimes arbitrary and uneven treatment of religious freedom issues throughout the country.
In “Would a religion law help promote religious freedom?” Magda Hornemann writes, “For many years, some religious believers and experts both inside and outside China have advocated the creation of a comprehensive religion law through the National People’s Congress, China’s legislature.” The argument in favor of the establishment of such a law is that “the rights of religious believers would be better protected by being clearly stipulated and codified in an objective law of the land.”
The consensus at Forum 18 is that a law by itself would be no real positive step. After all, “Despite the words contained in China’s laws and regulations, what is even more important is how those words are interpreted – which in turn is affected by one’s view on the roles played by laws and regulations in society.”
Here’s Forum 18′s conclusion:
Without an independent judiciary, even a well-crafted law is likely to fail on its first try. Yet, it is clear that an independent judiciary is not possible within the existing political-legal context. As long as the state remains authoritarian, and while the political and legal culture remain unchanged, it also seems likely that a comprehensive religion law will not in itself end arbitrary state moves that inhibit the religious freedom of China’s citizens.
Even so, the implications of a new human rights group in China may mean that the establishment of a uniform religious law is a positive first step.
The current issue of Christianity Today features a profile on the Human Rights Protection Movement (HRPM). The HRPM is an association of “lawyers, pastors, journalists, and human rights leaders across China,” who “are trying out the strategies of the historic American civil rights movement, using litigation, media publicity, and nonviolent protests.”
In “China’s New Legal Eagles,” Tony Carnes examines in particular the legal aspects of the HRPM. That is, the HRPM provides legal defense for those who cannot afford it and challenges the Chinese government on the basis of its own written and established laws. Thus, oftentimes “the Chinese government is caught between its rhetoric proclaiming the rule of law and its practice of ignoring or abusing the law when it suits its purposes.”
This method of appealing to the current set of laws to defend freedom is one that is also used by International Justice Mission (IJM), for example, in fighting the international slave trade. IJM works “to rescue victims and to bring accountability to perpetrators through the enforcement of a country’s domestic laws.”
The basis for the work of many of the evangelical lawyers and activists in the HRPM is their Christian faith. Fan Yafeng, an influential constitutional scholar in Beijing, makes an compelling observation regarding Christianity in China: “We are seeing the intersection of law and religion in China. More and more Chinese public intellectuals say that only Christianity can provide a solid foundation for the rule of law in China.”
What Yafeng is claiming about the relationship between Christianity and China today has often been repeated about the relationship between Christianity and the West.
In a 2004 essay, “A Time of Transition,” German philosopher and secularist Jürgen Habermas wrote, “Christianity, and nothing else is the ultimate foundation of liberty, conscience, human rights, and democracy, the benchmarks of western civilization. To this day, we have no other options. We continue to nourish ourselves from this source. Everything else is postmodern chatter.”
Over sixty years earlier German theologian Dietrich Bonhoeffer wrote of his historical context in an essay from his Ethics, “Church and World”:
Reason, culture, humanity, tolerance, autonomy—all these concepts, which until recently had served as battle cries against the church, against Christianity, even against Jesus Christ, now surprisingly find themselves in very close proximity, to the Christian domain. This happened at a point in time when everything Christian had been driven into a tight corner as never before, when the central Christian tenets were being emphasized in their sternest, most uncompromising, and most offensive form to reason, culture, humanity, and tolerance. Indeed, in exactly the reverse proportion that everything Christian was attacked and driven into a corner, it gained these concepts as allies, and thereby a scope of unimagined breadth
Later on Bonhoeffer reiterates the point quite stunningly:
It is not Christ who has to justify himself before the world by acknowledging the values of justice, truth, and freedom. Instead, it is these values that find themselves in need of justification, and their justification is in Jesus Christ alone. It is not a “Christian culture” that still has to make the name of Jesus Christ acceptable to the world; instead, the crucified Christ has become the refuge, justification, protection, and claim for these higher values and their defenders who have been made to suffer.
Sadly, abuses of the rule of law in China are commonplace and Forum 18’s concerns about the independence and consistency of the judiciary are certainly relevant. Such concerns become even more pressing in the light of recent moves by the Chinese government to restrict the flow of information about court cases.
But these issues notwithstanding, the efforts of groups like HRPM show that appeals to the existing laws, within the context of the normative rule of law, can be an effective way to work for the protection of religious freedom. It may well be that a uniform, comprehensive, and objective national religion law would help rather than hinder the work of these evangelical “legal eagles.”
As Daniel Pulliam writes at GetReligion, “Those of us who have heard from Christian Chinese missionaries, perhaps at a church function, know that Christianity could change China.” The HRPM is an example of one way in which such positive changes can be accomplished.