II. Full Equality among Ethnic Groups

Equality among ethnic groups is a cornerstone of China's ethnic policy.

Full equality among ethnic groups is a constitutional principle of China. The Constitution of the People's Republic of China (hereinafter referred to as the "Constitution") stipulates: "All ethnic groups in the People's Republic of China are equal." Based on this principle, the Law of the People's Republic of China on Regional Ethnic Autonomy (hereinafter referred to as the "Law on Regional Ethnic Autonomy") and other laws and regulations make clear and detailed stipulations about equality among ethnic groups.

In China, the definition of full equality among ethnic groups includes three aspects: first, regardless of their population size, length of history, area of residence, level of economic and social development, differences in spoken and written languages, religious beliefs, folkways and customs, every ethnic group has equal political status; second, all ethnic groups in China have not only political and legal equality, but also economic, cultural and social equality; third, citizens of all ethnic groups are equal before the law, enjoying the same rights and performing the same duties.

With unremitting efforts throughout the past 60 years, China has basically established a legal system with Chinese characteristics to guarantee the equality of all its ethnic groups. The right to equality among all ethnic groups is ensured by law.

-- Freedom and rights of the person are inviolable. The Constitution and laws of China stipulate that the state respects and safeguards human rights. Violation of the freedom of the person of citizens of any ethnic group is proscribed; unlawful detention or deprivation or restriction of citizens' freedom of the person by other means is prohibited. The personal dignity of citizens of all ethnic groups is inviolable, and their rights of reputation, personal name and portrait are protected by law. Insult, libel, false charge or frame-up directed against citizens by any means is prohibited. Before the founding of the People' s Republic of China in 1949, about a million people lived under the slave system in the Yi-populated areas of Sichuan and other places, and about four million people lived under the serf system in Tibet and Xishuangbanna in Yunnan. The mass of ethnic minority people in these areas were vassals of feudal lords, nobles, temples or slave owners; they had no personal freedom and could be bought and sold, or given as gifts by their owners at will. In Tibet, for example, the Thirteen-Point Law and Sixteen-Point Law formulated in the 17th century and used for more than 300 years, divided the people strictly into three classes and nine grades. According to these laws, the value of the life of a top-grade person of the upper class was measured by the weight of his body in gold, while the value of the life of the lowest-grade person of the lower class, accounting for more than 95 percent of the total population of Tibet, was as cheap as a straw rope. In order to protect the human rights of the people in these areas, the new Chinese government pushed through democratic reforms there in the 1950s, eradicating the slave and serf systems. Serfs and slaves under the old system got their personal freedom and became masters of the new society.

-- All people are equal before the law. Every Chinese citizen equally enjoys the rights and equally performs the duties prescribed in the Constitution and laws; the legitimate rights and interests of every citizen are under equal protection, and any acts by any person in violation of the law must be investigated in accordance with the law, with equal application of laws. No one may have the privilege of being above the law. In order to guarantee the right of ethnic minorities to use their native spoken and written languages in legal proceedings, Article 11 of the Civil Procedure Law of the People' s Republic of China prescribes: "Citizens of all ethnic groups shall have the right to use their native spoken and written languages in civil proceedings. Where people of an ethnic minority live in a concentrated community or where a number of ethnic groups live together in one area, the people's courts shall conduct hearings and issue legal documents in the spoken and written languages commonly used by the local ethnic groups. The people's courts shall provide translations for any participant in the court proceedings who is not familiar with the spoken or written languages commonly used by the local ethnic groups." The Criminal Procedure Law of the People’s Republic of China, the Administrative Procedure Law of the People's Republic of China and the Organic Law of the People' s Courts of the People' s Republic of China have included similar stipulations.