‘I have asked investigative officers, prosecutors and judges: Where can you find me a document in which a department has designated, let’s say, the Shouters as a xie jiao or a xie jiao organisation? I have asked the prosecution dozens of times in court whether there is such a thing. No one has ever said “Yes, I can find it for you” or showed me such a document.’
Chinese human rights lawyer
To be designated xie jiao is to be openly pursued and persecuted by the Chinese Communist Party (CCP). Under the rule of Xi Jinping the situation for almost every religion or belief community in China has deteriorated amid a worsening picture for human rights across the country, but for groups labelled xie jiao, this has been a reality for decades.
What is xie jiao?
Xie jiao – usually translated into English as ‘heterodox teachings’ or ‘evil cults’ – has been illegal in China since October 1997. It is criminalised under Article 300 of the Criminal Law, which prohibits ‘organizing/using xie jiao to undermine implementation of the law’ and carries a punishment of three to seven years imprisonment, ‘or more’.
In 2017, China’s Supreme People’s Court and Supreme People’s Procuratorate expanded upon the definition of xie jiao by interpreting it as ‘illegal organisations, which, through fraudulent use of religion, qi gong, or any other name, by deifying and promoting their ringleaders, or by fabricating and spreading superstitious fallacies to confuse and deceive others, grow membership and control group members, and harm society’.
The problem with such a definition is that it does not offer much definition at all. The vagueness of the language leaves it open to misuse and gives the authorities the power to target legitimate religious activities.
Many of those who have been convicted under Article 300 have been targeted for general missionary activities such as distributing and producing scriptures, or for being found in possession of xie jiao literature.
What groups are xie jiao?
Particularly challenging is the fact that the process by which the authorities identify groups as xie jiao appears to be completely arbitrary.
In July 2022, China’s Anti-Xie-Jiao Association published an article listing 25 groups which the author claims have been designated xie jiao by ‘relevant national departments’ since the 1980s, but this is not an official document; in fact, there are no official government or legal documents defining any particular group as xie jiao that are accessible to the public.
That some groups are frequently targeted while others in the same region are largely left alone makes matters even less clear. Some house church leaders may receive a fine, for example, while others are arrested and handed harsh prison sentences with a xie jiao label.
One of the largest and best-known groups classified as xie jiao is believed to be the spiritual movement Falun Gong. The group has been banned since 1999 following the establishment of an organisation informally known as the ‘610 office’ whose purpose was initially to eradicate Falun Gong and later expanded to target other ‘xie jiao groups.
Criminal charges are brought against Falun Gong followers on a daily basis. Many are subsequently denied access to legal counsel, whilst human rights lawyers who have represented Falun Gong clients have had their licenses revoked. There are also widespread and credible reports of Falun Gong practitioners dying in custody due to torture.
Also believed to be criminalised is the group known as the Shouters (huhan pai). Anyone found in possession of a copy of the Recovery Bible or books written by Watchman Nee and Witness Lee may be identified as one of the Shouters and prosecuted, although – as the quote at the start of this piece indicates – there is no publicly accessible document which prohibits the group’s existence.
What must be done?
Such smoke, mirrors and secrecy all suit the CCP. They make it harder for religion or belief communities to know where they stand, driving many underground and making it more likely that groups will resort to self-censorship or stop meeting altogether.
Some have chosen to hide, destroy or avoid keeping up-to-date financial accounts due to the pressure they are facing, but a lack of transparency can lead to internal disputes and corruption, which can in turn can be used as a means of further government prosecution.
Also concerning is the fact that government prosecution of religion or belief groups not labelled xie jiao has increased in recent years. The CCP is increasingly weaponizing the Chinese justice system to punish those who insist on following their religious convictions rather than those of the Party, and now the decades long judicial persecution experienced by xie jiao groups is becoming a reality for many others across China.
Crucially, there are also no provisions within China’s constitution for a mechanism to review whether a law or a government decision violates the constitution, and as such there is no way for anyone to seek the abolishment of legislation.
This means that the onus must be on the international community to hold China to account for this. Governments must use every opportunity, in public and private, to call on the CCP to repeal all laws and regulations pertaining to xie jiao, and ultimately to demonstrate to the Chinese authorities that the world knows exactly what they are doing no matter how vague, arbitrary and intentionally confusing their strategies of repression may be.
By CSW’s Public Affairs Officer Ellis Heasley
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