UNHCR 2004 Guidelines on Religion-Based Refugee Claims

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Download:UNHCR 2004 Guidelines on Religion-Based Refugee Claims Title Guidelines on International Protection No. 6: Religion-Based Refugee Claims under Article 1A(2) of the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees Publisher UN High Commissioner for Refugees (UNHCR) Author Department of International Protection (DIP) Publication Date 28 April 2004 Topics 1951 Refugee Convention | Religious discrimination | Religious persecution (including forced conversion) Citation / Document Symbol HCR/GIP/04/06 Other Languages / Attachments French | Georgian | German | Greek | Japanese | Portuguese | Russian | Spanish | Turkish Cite as UN High Commissioner for Refugees (UNHCR), Guidelines on International Protection No. 6: Religion-Based Refugee Claims under Article 1A(2) of the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees, 28 April 2004, HCR/GIP/04/06, available at: http://www.refworld.org/docid/4090f9794.html [accessed 28 October 2017]

International Religious Freedom Day 2017

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CESNUR’s Statement on Refugees Fleeing Religious Persecution   October 27, 2017 is the International Religious Freedom Day. CESNUR would like to seize this opportunity to call the attention of international organizations, governments, and religions on the dramatic situation of refugees seeking asylum for reasons of religious persecution. On October 23, 2017 we participated in a conference in Seoul, Korea, devoted to the dramatic situation of refugees fleeing from China escaping religious persecution there, including members of the Church of Almighty God, which is banned in China and whose devotees are systematically persecuted there. Most of them fail to obtain asylum in Korea and other countries, with a real risk of being returned to China, where they would be incarcerated or worse. Other religious groups and movements are in the same or similar situations. Public opinion in several countries sometimes is not able to distinguish between economic migrants and refugees. The distinction is clear in international conventions. In 2004, the United Nations High Commissioner for Refugees published guidelines on religion-based refugee claims. These guidelines clarify that new and non-traditional religions are entitled to the same protection as mainline religions; that individuals should not prove that they have been individually persecuted and a general pattern of persecution against their religious group is enough; and that “persecution” should be broadly interpreted, including prohibition to freely practice and propagate one’s religion. Decisions by several international courts have also specified that accusations that a religious movement is responsible of crimes are not per se ground to refuse the religion-based refugee claims of its members, unless they are individually responsible for the crimes and there is reasonable evidence that crimes are real rather than trumped up charges created to justify persecution. On International Religious Freedom Day 2017, CESNUR urges all international organizations, government, and religions to work for the protection of all religion-based refugees and the enforcement of the United Nations guidelines on religion-based refugee claims, including in the paradigmatic case of members of the Church of Almighty God fleeing China, as well as in other dramatic and urgent situations. Source:http://www.cesnur.org/2017/rel_freedom.htm

Persecuting the Church of Almighty God as a Xie Jiao in China

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Massimo Introvigne What Is a Xie Jiao? On September 15-16, 2017, I was among the speakers of a conference at the University of Hong Kong on the Chinese notion of xie jiao. The aim of the conference, which followed a closed door seminar organized in Zhengzhou, Henan, in the previous month of June, was a dialogue between the Chinese Anti-xie-jiao Association, which is directly connected with the Chinese Communist Party (CCP), Chinese authorities and scholars, and Western scholars, on the notion of xie jiao and on one particular movement China regards as a xie jiao and banned since 1995, the Church of Almighty God. Chinese and Western sources translate xie jiao as “evil cult,” but the translation problem was precisely at the heart of the conference. Xie jiao is an expression used since the times of the Ming Dynasty, well before the current controversies on “cults” (ter Haar 1992). The pendulum switched repeatedly from using it with a theological meaning, “heterodox beliefs,” or with a criminological one, “criminal religious movements,” or “religious movements conspiring to overthrow the government.” Today, China has adopted a list of xie jiao, whose members may be arrested and sentenced to imprisonment, or worse, for their normal religious practices, but the impression I derived from the conference is that, within the same Chinese Communist Party (CCP), the notion is unclear, notwithstanding attempts to provide legal definitions. The most recent attempt to date resulted in Rule 1 of the Interpretations on the Issues Concerning the Application of Laws in Criminal Cases Relating to Organizing and Utilizing Evil Organizations to Destroy Law Enforcement, issued on January 25, 2017, by the People’s Supreme Court and the Office of the People’s Supreme Attorney, interpreting Article 300 of the Criminal Code, which mentions xie jiao. These were defined as “illegal organizations, 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 and other means to confuse and deceive others (…), control group members and harm society” (Chen 2017, 7–8). Obviously, this definition is vague and dangerous, since it does not clarify which religious beliefs are “superstitious fallacies.” Faced with these problems, it seems that within the same CCP there are at least three different schools or thought. The first uses xie jiao in the traditional Chinese pre-Communist sense, asking the government to protect the “orthodox” beliefs … Continued

Religious Persecution, Refugees, and Right of Asylum

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Rosita Šorytė Introduction  The tragedy of World War II generated an unprecedented number of refugees in Europe. To confront this situation, the United Nations created in 1950 the office of the United Nations High Commissioner for Refugees (UNHCR). His work with the European emergency was generally regarded as successful, and UNHCR was awarded the Nobel Peace Prize in 1954. UNHCR also asked the United Nations to establish clear international law provisions regarding refugees. On July 28, 1951, the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, convened in Geneva, Switzerland, under General Assembly resolution 429 (V) of 14 December 1950, and adopted the Convention Relating to the Status of Refugees, known as the 1951 Refugee Convention. Although some counties distinguish between “asylum seekers” and “refugees,” in the 1951 Convention a refugee is simply an asylum seeker whose application has been accepted. To this day, UNHCR regards this convention as “the key legal document that forms the basis of our work” (UNHCR 2017). It was signed and ratified by both China (in 1982) and South Korea (in 1992). However, the 1951 Convention was custom-tailored to solving the problem of post-war refugees in Europe, and some provisions were limited to them. For this reason, a broader document was signed in New York in 1967, the Protocol Relating to the Status of Refugees. The United States, which were afraid of receiving too many refugees after World War II, had not signed the 1951 Refugee Convention but did sign and ratify the 1967 Protocol. Some 40 countries remain outside the Convention-Protocol system, including Jamaica, Nigeria, Saudi Arabia and the Gulf States, India, Pakistan, Indonesia, Thailand, Vietnam, Mongolia, and Malaysia—as well as North Korea (although perhaps not many refugees would seek asylum there…). However, China and South Korea signed and ratified the Protocol. For the definition of refugee, Article 1 of the Protocol refers to Article 1 of the 1951 Convention, which mentions “any person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, or political opinion, is outside the country of his nationality and is unable or, owing to such fear or for reasons other than personal convenience, is unwilling to avail himself of the protection of that country or for reasons other than personal convenience, is unwilling to return to it.”. =The Universal Declaration of Human Rights, Art. 14, already established that: “Everyone … Continued

Being a Religious Refugee Due to the CCP’s Persecution

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Li Chuansong Good afternoon, everyone! I am Li Chuansong, a Christian of the Church of Almighty God from China. Today I’m standing here to share my story of being persecuted by the Chinese Communist Party. I can feel the excitement inside me at the moment. In China, belief in God is accompanied by the danger of death. There is a risk of being arrested at any time due to the government’s persecution. Many brothers and sisters were arrested and sentenced to jail when they preached the gospel. On June 1, 2005, I was on my way home after preaching the gospel when suddenly three CCP cops arrested me and sent me to the police station of Hunchun city. To force me to tell them the information about the Church, they whipped me hard and yelled at me, “For believers in God like you, even if we beat you to death, we will not be held responsible!” I was beaten so badly that I was unable to take care of myself, and could not walk to the bathroom without other prisoners’ help. A dozen days later, the police captain came to interrogate me. He asked me to identify Church members based on the photos on the computer, but I refused to do so. A young policeman grabbed my hair, forced me down to the ground, and kicked me fiercely in my waist. Then they handcuffed me, and asked me squat and hold my arms out even with my shoulders. At the same time, they pressed a burning cigarette butt against my wrist, saying, “How funny! It sounds like grilling meat….” The pain was so unbearable that my heart seemed to come out of my chest. Seeing that they took pleasure in tormenting me, I was very angry and also felt very miserable. I thought to myself, “Don’t you have mothers? How could you treat believers in God so cruelly?” When they saw that I still kept silent, they stomped on my feet with the heels of their leather shoes. The second and third toe of my left foot were fractured, and I was in so much pain that I broke out into a cold sweat, biting my lips to the point it bled. A policeman then pulled me back up from the floor and hit my left femur violently with his knees. My femur head collapsed subsequently and I was unable … Continued

How I Have Been Persecuted by the Chinese Communist Authorities

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Xu Zhigang Ladies and gentlemen, distinguished guests, good afternoon! My name is Xu Zhigang, I am from Changchun, Jilin, China. I am an ordinary Christian of the Church of Almighty God. This is the first time that I attend this kind of conference and I see many friendly faces here. When I see these faces, when I see all of you, I feel like I have seen my family members, my closest friends. So today I would like to share what’s in my heart and my personal experience with my family members, my friends. I began to believe in the Lord Jesus since the year 1990. As members of a house church, we were often persecuted by the CCP for our worship activities and meetings. A number of preachers I knew were arrested and sentenced to imprisonment successively. I was an enthusiastic preacher and was quite famous in my hometown. There were several times when I was almost arrested. God gave me strength and faith so that the more I was persecuted, the stronger my faith in God grew, and I had a greater yearning for the Lord Jesus’ return to save us. It was in 1997 when my parents and I heard Almighty God’s gospel. We were convinced that Almighty God was exactly the returned Lord Jesus we’d longed for. My parents and I accepted Almighty God’s work of the last days, and soon I began to preach the kingdom gospel. At the time, the work of evangelism was quite busy. Sometimes in one place, more than a hundred people were converted in one night, and more than a thousand accepted Almighty God’s end-time work in one month. With the expansion of Almighty God’s work, more and more branch churches were established across the country, and the CCP was thrown into a panic. They placed informers everywhere to spy people and carried out arrests. I remember one day in spring, 2002, it was quite windy. I went to preach the gospel in a place about 30 kilometers away from my parents’ home. I was not able to visit my parents for years due to the CCP’s surveillance. I very much wanted to see them. Late that night, their neighbors had turned off the lights. I knocked on the door of my parents’ house. My mom was surprised to see me and hurriedly pulled me inside the room. My parents … Continued

Truth Emerges: The Church of Almighty God Was Not Responsible for the 2014 McDonald’s Murder in Zhaoyuan, Shandong Province

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A press release of the Church of Almighty God October 14, 2017 The Church of Almighty God (CAG), also known as Eastern Lightning, is one of the religious groups most severely persecuted by the Chinese Communist government, and that for a long time. The Chinese Communist Party (CCP) itself does not deny the severity of its persecution of CAG, but maintains that it is justified by CAG’s criminal activities. In fact, these charges are mere CCP’s malicious fabrications and slanders. Among all the false accusations created by CCP, the most infamous one concerns the McDonald’s murder of May 28, 2014, in Zhaoyuan, Shandong Province, China. According to CCP’s official reports, on May 28, 2014, a man called Zhang Lidong and his five associates, who were having dinner in a McDonald’s in Zhaoyuan City, asked customers for their phone numbers for future proselytization purposes. One client, Wu Shuoyan, refused to supply her phone number and was beaten to death by Zhang and his accomplices. On the third day after the killing, the CCP swiftly attributed it to CAG, and this before any court had judged the case. Then, CCP conducted nationwide a repression and persecution of CAG, and at the same time of independent Chinese house churches, that was even more severe than before. Some overseas human rights activists and religionists successively published articles to condemn the CCP for its use of the McDonald’s murder as a pretext for a cruel campaign oppressing religious freedom (see e.g. http://www.hrichina.org/chs/zhong-guo-ren-quan-shuang-zhou-kan/xin-shu-yan-zhong-guo-dang-ju-he-ceng-zun-zhong-guo-zong-jiao-xin ; http://biweeklyarchive.hrichina.org/article/18374.html ) On August 21, 2014, the perpetrators were tried by the Intermediate People’s Court of Yantai in Shandong Province. At trial, Lü Yingchun, who was one of the two leaders of the group, clearly explained: “Zhang Fan [the other leader of the group] and I are the unique spokeswomen for the real ‘Almighty God.’ The government has been cracking down on the Almighty God that Zhao Weishan believes in [i.e. the Church of Almighty God, also known as Eastern Lightning], not the ‘Almighty God’ we mention. They are fake ‘Almighty God,’ while we are the real ‘Almighty God.’” Zhang Fan also stated, “I am God in substance. Lü Yingchun is also God in substance. The relationship between Lü Yingchun and I is two fleshly bodies sharing one soul. We are the substitute to each other.” “In the Almighty God organization, Lü Yingchun and I have the highest positions. We are ‘God … Continued

Statement: The Church of Almighty God Did Not Kidnap 34 Leaders of China Gospel Fellowship in 2002. The Kidnapping Incident Is Simply a Fabrication.

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The Church of Almighty God October 18, 2017 Background The Church of Almighty God (CAG), also known as Eastern Lightning (EL), is one of the religious groups most severely persecuted by the Chinese Communist government. Chinese Communist Party (CCP) itself does not deny the severity of the persecution of CAG, but maintains that it is justified by CAG’s criminal activities, including a horrific case of homicide. But these are completely false accusations and mere slanders. CCP’s propaganda has been massive, and successful in persuading even some respected Western media that CAG killed a customer in a McDonald’s diner in Zhaoyuan, Shandong Province in 2014. The Zhaoyuan murder did indeed happen, but the crime, which we unreservedly condemn, was perpetrated by a different religious group and had no connection with our Church at all. This is also the conclusion all Western scholars who studied CAG came to, after examining documents and reports published not by CAG but by CCP-related Chinese official sources. Please refer to our press release on the incident: https://www.holyspiritspeaks.org/truth-emerges/ Since 2017, CCP has tried to mobilize influential voices of American and Western experts, scholars, journalists, and patriotic emigrant leaders to generate favorable media comments overseas. Within this context, it has utilized an old rumor about a kidnapping incident that was created by China Gospel Fellowship (CGF) early in 2002, in order to influence Westerners and justify its persecution of CAG. As for the kidnapping of CGF leaders and co-workers in 2002, those with discernment and knowledge of the actual state of religion in China would easily be able to see that the story is full of contradictions, and reach the conclusion that the incident is completely fabricated. CGF’s Story Readers ignoring the Chinese context and background may perhaps be impressed by the fact that reports about the alleged kidnapping appeared on the Websites of CGF and other groups connected with CGF while it was reportedly taking place, and they were later novelized in books, such as the ghost-written Kidnapped by a Cult. Moreover, some of the CGF leaders, i.e. the very persons who had a vested interest in inventing the kidnapping story, asked to be interviewed by Western journalists and others and repeated their fabricated version. All these circumstances would easily cause some to believe this one-sided story. However, just by paying a little more attention, they would be able to conclude that the reports are contradictory and … Continued