Law on Regional Autonomy for Minority Nationalities ‘People’s Daily’ 4th June 84
Text, as published of “The law on regional autonomy for minority nationalities of the PRC (adopted by the second session of the sixth NPC on 31st May 1984)”:
The PRC is a unified and multinational country jointly founded by people of various nationalities throughout the country. Regional autonomy for minority nationalities is a basic policy of the CCP for solving the problem of nationalities on the basis of Marxism-Leninism, and an important political system of our country.
Regional autonomy for minority nationalities means that under the unified leadership of the state, in regions where minority nationalities live in compact communities we carry out regional autonomy, and establish autonomous organs which exercise autonomous power. The implementation of regional autonomy for minority nationalities has demonstrated the spirit that the state fully respects and protects the rights of minority nationalities to handle their internal affairs, and that the state upholds the principles of equality, unity and common prosperity for various nationalities.
The implementation of regional autonomy for minority nationalities will play a great role in arousing the enthusiasm of people of various nationalities as the masters of their own affairs, in developing socialist national relations characterised by equality, unity and mutual help, in consolidating the unification of the state, and in promoting the development of socialist modernisation in the autonomous areas of minority nationalities and the entire country. In future, the system of autonomy for minority nationalities will play a greater role in the course of socialist modernisation of the state.
Practice has proved that to persist in implementing autonomy for minority nationalities, we should ensure the enforcement of the law and policies of the state in light of the practical conditions of the areas concerned, and train a large number of cadres of minority nationalities at various levels, and various kinds of specialised personnel and skilled workers. The national autonomous areas should carry forward the spirit of self-reliance and hard struggle, work hard to develop their own socialist modernisation, and make contributions to the construction of the state. The state should make efforts to help national autonomous areas speed up economic and cultural development in accordance with their plans for economic and social development. In the struggle to uphold unity among nationalities, we should oppose big nationality chauvinism, Han chauvinism in particular. In the meantime, we should also oppose local nationalism.
Under the leadership of the CCP and the guidance of Marxism-Leninism-Mao Zedong Thought, people of various nationalities in the national autonomous areas should work together with the people throughout the country to adhere to the people’s democratic dictatorship, stick to the socialist path, concentrate their efforts to carry out socialist modernisation, speed up economic and cultural development in national autonomous areas, promote unity and prosperity in the national autonomous areas, strive for the common prosperity of various nationalities, and build our motherland into a highly civilised and highly democratic socialist country.
The law on regional autonomy for minority nationalities of the PRC is a basic law on autonomous system in the areas of minority nationalities prescribed by the constitution.
The law on regional autonomy for minority nationalities of the PRC is enacted in accordance with the Constitution of the PRC.
Regional autonomy shall be implemented in areas where minority nationalities live in compact communities.
The areas of national autonomy shall be divided into autonomous regions, autonomous prefectures and autonomous counties. The various areas of national autonomy are the inalienable parts of the PRC.
The areas of national autonomy shall establish their own autonomous organs which are local organs of state power.
The principle of democratic centralism shall be implemented by autonomous organs as in the areas of national autonomy.
Autonomous organs in the areas of national autonomy shall exercise their own functions and power as local organs of state power in accordance with the stipulations contained in section five of chapter 3 of the Constitution. In the meantime, they shall also exercise their own autonomous power in accordance with the jurisdiction defined by the Constitution, and with legal provisions on regional autonomy for minority nationalities. They shall enforce the law and policies of the state in light of their local practical conditions.
Autonomous organs in prefectures shall exercise their own functions and power like local organs of state power in prefectures, counties and cities. At the same time, they shall also exercise their autonomous power.
Autonomous organs in the areas of national autonomy should uphold the unification of the state, and ensure the implementation and enforcement of the Constitution and laws in their regions.
Autonomous organs in the areas of national autonomy should lead people of various nationalities to concentrate their efforts to carry out socialist modernisation.
Autonomous organs in the areas of national autonomy shall have the right to implement special policies and adopt flexible measures in the light of their own practical conditions in order to promote economic and cultural construction in their areas, provided that their policies and measures do not run counter to the Constitution and the law.
Under the guidance of the state plan, autonomous organs in the areas of national autonomy should constantly enhance labour productivity and economic results, develop the productive forces of society, and gradually improve the level of material life of the people of various nationalities in light of their own local conditions.
Autonomous organs in the areas of national autonomy should inherit and carry forward the fine tradition of national culture, build socialist spiritual civilisation with national characteristics, and constantly enhance the socialist consciousness of the people of various nationalities, and their scientific and cultural level.
Autonomous organs in the areas of national autonomy should put the interests of the state in the first place, and actively accomplish various tasks assigned to them by the state organs of the higher level.
State organs at the higher level should ensure that autonomous organs in the areas of national autonomy can exercise their autonomous power, and make efforts to help areas of national autonomy speed up their socialist construction in the light of the characteristics and needs of the areas concerned.
State organs at the higher level and autonomous organs in the areas of national autonomy should uphold and develop socialist national relations characterised by equality, unity and mutual help among nationalities. Any action discriminating against or suppressing minority nationalities, undermining national unity or creating national disunity should be prohibited.
Autonomous organs in the areas of national autonomy should ensure that minority nationalities living in their areas enjoy the freedom to use and develop their own spoken and written languages, and the freedom to maintain and change their customs and habits.
Autonomous organs in the areas of national autonomy should protect the freedom of religious belief of citizens of various nationalities.
State organs, social organisations and individuals are not allowed to compel citizens to believe or not to believe in religions. They are not allowed to discriminate against citizens who believe in, or do not believe in religions.
The state protects normal religious activities. No person is allowed to make use of religion to disrupt social order, harm the health of citizens, or obstruct the educational system of the state.
Religious organisations and religious affairs should not be controlled by any foreign force.
In places where minority nationalities live in compact communities, national autonomous areas can be established on the basis of one or more minority nationality areas in light of the local national conditions, economic development, and history.
In a place of national autonomy, if there are some other minority nationalities living there, relevant national autonomous areas or national villages can be established.
National autonomous areas may include localities and townships inhabited by some people of the Han nationality and other nationalities.
The names of national autonomous areas shall be rendered in the order of the names of the localities, the names of the nationalities concerned, and their administrative status, except under special circumstances.
The establishment of national autonomous areas, the delineation of the areas, and the rendering of the names shall be decided by the state organs at the higher level on the basis of full consultations with local organs and representatives of the nationalities concerned. The decision should be submitted to the higher authorities for approval in accordance with legal provisions.
Once the delineation of the national autonomous areas has been defined, it cannot be arbitrarily changed. When a change is needed, it should be decided by state organs at the higher level on the basis of full consultation with the departments concerned, and the autonomous organs in national autonomous areas. The decision should be submitted to the State Council for approval.
The autonomous organs in national autonomous areas shall be the people’s congresses and people’s governments of autonomous regions, autonomous prefectures and autonomous counties.
The people’s government of a national autonomous area shall be responsible to, and report on its work to, the relevant people’s congress. If the people’s congress is not in session, it shall be responsible to, and report on its work to, the standing committee of the relevant people’s congress. People’s governments in various national autonomous areas shall be administrative organs of the state under the leadership of the State Council. They shall be subordinate to the State Council.
The organisations and work of the autonomous organs in national autonomous areas shall be defined by autonomy regulations or specific regulations enacted in accordance with the Constitution and the law.
In the people’s congress of a national autonomous area, in addition to the deputies of the nationality or nationalities exercising regional autonomy in the administrative area, the other nationalities inhabiting the area shall also be entitled to appropriate representation.
In the people’s congress of a national autonomous area, the number and proportion of the people’s deputies of the nationality or nationalities exercising regional autonomy in the administrative area, and the other nationalities inhabiting the area should be decided by the standing committee of the provincial or regional people’s congress in accordance with law. The decision should be submitted to the NPC Standing Committee for the record.
The chairmanship and vice-chairmanships of the standing committee of the people’s congress of a national autonomous area should include a citizen or citizens of the nationality or nationalities exercising regional autonomy in the area concerned.
The administrative head of a national autonomous region, prefecture or county should be a citizen of the nationality, or of one of the nationalities, exercising regional autonomy in the area concerned. As many members as possible of the nationality or nationalities exercising regional autonomy should be assigned to work in the people’s governments and other organisations of the autonomous regions, prefectures and counties concerned.
The administrative heads of autonomous regions, prefectures and counties should follow a system of personal responsibility. They should preside over the work of the relevant people’s governments.
As many cadres as possible of the nationality or nationalities exercising regional autonomy should be assigned, as many as possible, to work in the autonomous organs in the national autonomous areas concerned.
People’s congresses of the national autonomous areas shall have the power to enact autonomy regulations and specific regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The autonomy regulations and specific regulations of autonomous regions shall be submitted to the NPC Standing Committee for approval before they go into effect. The regulations of autonomous prefectures and counties shall be submitted to the standing committees of the people’s congresses of provinces or autonomous regions for approval before they go into effect, and they shall be reported to the NPC Standing Committee for the record.
If the resolutions, decisions, orders and instructions of the state organs at the higher level are not suitable for the practical conditions in the national autonomous areas, autonomous organs may report the situation to the state organs at the higher level and seek their approval to adopt flexible measures to implement those resolutions, decisions, orders and instructions, or to suspend the implementation of them.
In performing their functions, the autonomous organs of the national autonomous areas, in accordance with the autonomy regulations of the respective areas, shall employ the spoken and written languages or languages in common use in the locality. If, in performing its functions, the autonomous organ of a national autonomous area employs several spoken and written languages in common use in the locality, it may select one common spoken and written language in the locality as its main spoken and written language.
When enterprises and establishments in national autonomous areas recruit workers, they should give special consideration to the people of the nationality or nationalities in those areas. They may recruit workers from among the people of the nationality or nationalities in the rural areas and pastoral areas. When autonomous prefectures and autonomous counties recruit workers from the people of the nationality or nationalities in the rural areas or pastoral areas, they should report this to the people’s government of the province or autonomous region for approval.
In accordance with the stipulations of the state and with the approval of the State Council, autonomous organs of the national autonomous areas may carry out economic and trade activities with foreign countries, and open up ports for foreign trade.
With the approval of the State Council, the national autonomous areas bordering foreign countries may carry out border trade.
If autonomous organs of the national autonomous areas carry out economic and trade activities with foreign countries, the state will give them special treatment with regard to the amount of retention of foreign exchange.
In accordance with the educational policy of the state and legal provisions, autonomous organs of the national autonomous areas may decide on the establishment of various kinds of schools, education system, guiding principles for running schools, contents of courses, languages of instruction and admission system of those schools in the areas concerned.
Autonomous organs of the national autonomous areas should independently develop education for nationalities, wipe out illiteracy, run various kinds of schools, popularise primary education, develop secondary education, and run teachers’ training schools for nationalities, vocational schools for nationalities, and institutes for nationalities in order to train specialised personnel of minority nationalities.
Autonomous organs of the national autonomous areas should also run primary and secondary boarding schools in economically backward and sparsely populated minority nationality mountain areas. Students should be provided with stipends.
In schools which mainly recruit students of minority nationalities, textbooks in languages of the minority nationalities concerned should be used where conditions exist. Languages for instruction should also be the languages of the minority nationalities concerned. Primary school students of higher grades and secondary school students should learn the Chinese language (hanyu 3352 6133). Putonghua, which is commonly used throughout the country, should be popularised among them.
Autonomous organs of the national autonomous areas should develop in their own ways national cultural undertakings such as literature, art, press publication, broadcasting, film, television and other things characterised by national features.
Autonomous organs of the national autonomous areas should collect, collate, translate and publish books for minority nationalities. They should also protect scenic spots and historical sites, precious cultural relics and other aspects of the important historical and cultural heritage of minority nationalities.
Autonomous organs of the national autonomous areas should take active measures to promote exchanges and co-ordination with other localities in the fields of education, science, technology, culture, art, public health, sports etc.
In accordance with the stipulations of the state, autonomous organs of the autonomous regions and autonomous prefectures may carry out exchanges with foreign countries in the fields of education, science, technology, culture, art, public health, sports etc.
In accordance with legal provisions, autonomous organs of the national autonomous areas should adopt methods to exercise control over floating population.
The people’s courts and the people’s procuratorates in the national autonomous areas should conduct hearings in the language or languages in common use in the areas concerned. The right of the citizens of all nationalities to use their own spoken and written languages in court proceedings should be protected. Translations should be provided for any party to the court proceedings who is not familiar with the spoken and written languages in common use in the areas concerned. Legal documents should be written in the language or languages in common use in the areas concerned.
Autonomous organs in the national autonomous areas should ensure that various nationalities in their areas enjoy equal rights.
Autonomous organs in the national autonomous areas should unite with cadres and masses of various nationalities, fully arouse their enthusiasm, and exert joint efforts to promote construction in the national autonomous areas.
Autonomous organs in the national autonomous areas should educate and encourage cadres of various nationalities to study each other’s spoken and written languages and cadres of the Han nationality should study the spoken and written languages in common use in the localities concerned. While using their own spoken and written languages, cadres of minority nationalities should also study Putonghua and the Chinese language in common use throughout the country.
State personnel in the national autonomous areas who have a good command of more than two local spoken and written languages should be encouraged and rewarded.
Autonomous organs in the national autonomous areas should help other minority nationalities living in compact communities in their areas to establish their own relevant autonomous localities or villages of nationalities.
Autonomous organs in the national autonomous areas should help various nationalities living in their areas to develop their own economic, educational, scientific, cultural, public health and sports undertakings.
Autonomous organs in the national autonomous areas should pay attention to the characteristics and needs of the nationalities scattered throughout their areas.
When autonomous organs in the national autonomous areas are dealing with special problems involving various nationalities in their areas, they should fully consult the representatives of those nationalities and respect their views.
Autonomous organs in the national autonomous areas should ensure that citizens of various nationalities in their areas enjoy their citizen’s rights prescribed by the Constitution, and should educate these citizens to perform their duties.
Autonomous organs in the national autonomous areas should advocate the social ethics of loving the motherland, the people, labour, sciences and socialism. They should provide education for citizens of various nationalities in their areas in patriotism, communism and policy for nationalities. They should also educate cadres and masses of various nationalities so that they mutually trust, learn from and help each other, and mutually respect each other’s spoken and written languages, customs and habits and religious beliefs, and exert joint efforts to uphold the unification of the state and the unity of various nationalities.
When the state is exploiting natural resources and carrying out construction in the national autonomous areas, it should pay attention to the interests of the national autonomous areas and make arrangements in the interests of the economic construction in the areas. The state should also pay attention to the production and livelihood of the minority nationalities in the areas.
When enterprises and establishments of the state organs at the higher level, which are located in the national autonomous areas, are recruiting workers, they should give priority to recruiting workers from among the people of the minority nationalities in the areas concerned.
Enterprises and establishments of the state organs at the higher levels, which are located in the national autonomous areas, should respect the autonomy of the autonomous organs in the areas, and accept their supervision.
State organs of the higher level should help national autonomous areas train a great number of cadres of various levels, various kinds of specialised personnel and skilled workers from among minority nationalities living in the areas concerned. They should employ various methods to send appropriate numbers of teachers, doctors, scientific and technical personnel as well as management personnel to work in the national autonomous areas in accordance with the needs of the areas concerned. Appropriate consideration shall be given to their pay and conditions.
State organs at the higher level should help national autonomous areas speed up the development of their educational undertakings and enhance the scientific and cultural level of the people of various nationalities.
The state should establish institutes for nationalities. Universities and colleges should run special classes and open preparatory courses for the students of minority nationalities. They can adopt the method of recruiting students from the national autonomous areas and sending the students back to the areas they came from after their graduation. When universities, colleges and secondary vocational schools are recruiting new students, they may lower the criteria for the admission of the students of minority nationalities.
State organs at the higher level should provide more education for the cadres and masses of minority nationalities in the policy towards minority nationalities, and constantly examine the implementation and enforcement of the policy for minority nationalities and the law concerned.