II. The Political Status of Regional Autonomy for Ethnic
Minorities and the Establishment of Ethnic Autonomous Areas
(1) The Political Status of Regional Autonomy for Ethnic Minorities
The first National People's Congress, convened in 1954, included the system
of regional autonomy for ethnic minorities in the Constitution of the People's
Republic of China (hereinafter referred to as the "Constitution"). All
subsequent revisions to the Constitution reaffirmed the implementation of this
system. TheLaw of the People's Republic of China on Regional Ethnic Autonomy
(hereinafter referred to as "Law on Regional Ethnic Autonomy"), which was
amended and issued in 2001, explicitly stipulates that "the system of regional
autonomy for ethnic minorities is a basic political system of the state."
As early as 1952, the Chinese government issued the Program forthe
Implementation of Regional Ethnic Autonomy of the People's Republic of China,
which included clear provisions on such important issues as the establishment of
ethnic autonomous areas and the composition of organs of self-government, as
well as the right of self-government for such organs. On May 31, 1984, on the
basis of summarizing the experience of practicing regional autonomy for ethnic
minorities, the second session of the Sixth National People's Congress (NPC)
adopted the Law on Regional Ethnic Autonomy, and decided to put it into effect
on October 1 ofthat year. To meet the need for faster economic and social
development of ethnic autonomous areas in the era of the socialistmarket economy
and on the basis of fully respecting and representing the will of the people
living in those areas, in 2001the Standing Committee of the National People's
Congress made revisions to the Law on Regional Ethnic Autonomy, thus making the
law more complete and effective.
The Law on Regional Ethnic Autonomy, the content of which covers all aspects,
including politics, economy, culture and society, is a basic legal document for
implementing the system of regional autonomy for ethnic minorities as provided
in the Constitution. It defines the relationship between the central government
and the ethnic autonomous regions, as well as the relationship between different
ethnic groups in ethnic autonomous regions. Its legal effect is not limited to
the ethnic autonomous regions only; every individual in China and all state
organs must abide by and implement this law.
(2) The Establishment of Ethnic Autonomous Regions
Under the leadership of the Communist Party, China's first provincial-level
ethnic autonomous region -- the Inner Mongolia Autonomous Region -- was
established in 1947 in the liberated areas inhabited by Mongolians before the
founding of the People's Republic of China. After New China was established in
1949, the Chinese government began to introduce the system of regional autonomy
for ethnic minorities to all regions where ethnic minorities lived in compact
communities. In October 1955, the Xinjiang Uygur Autonomous Region was
established; in March 1958, the Guangxi Zhuang Autonomous Region was
established; in October 1958, the Ningxia Hui Autonomous Region was established;
and in September 1965, the Tibet Autonomous Region was established. By the end
of 2003, China had established 155 ethnic autonomous areas.Of these, five are
autonomous regions, 30 autonomous prefectures and 120 autonomous counties
(banners). According to the fifth national census, conducted in 2000, of the 55
ethnic minorities, 44 have their own ethnic autonomous areas. The population of
ethnic minorities practicing regional autonomy accounts for 71 percent of the
total population of ethnic minorities, and the areawhere such regional autonomy
is practiced accounts for 64 percent of the entire territory of China.
In places where ethnic minorities live in compact communities but where the
establishment of autonomous areas is not feasible, because the populations of
the ethnic minorities and the areas they live in are relatively small, or
because the populations are scattered, the Constitution provides that ethnic
townships be established, so that the minority peoples there can also exercise
the right to administer the internal affairs of the ethnic group and be the
masters of their own areas. In 1993, the Chinese government issued the
Regulations on the Administrative Work of Ethnic Townships to guarantee the
implementation of the system of ethnic townships. By the end of 2003, China had
established 1,173 ethnic townships in areas equivalent to townships where ethnic
minorities live in compact communities. Ethnic townships have beenestablished
for nine of the 11 ethnic minorities where the regional autonomy policy is not
implemented because the populations and areas of the ethnic minorities are
relatively small.
Areas where the system of regional autonomy for ethnic minorities is
practiced can be divided into three levels, namely, autonomous regions,
autonomous prefectures and autonomous counties,according to how big the
population of the ethnic group is and howlarge the area it occupies. All areas
where the system of regionalautonomy for ethnic minorities is practiced are
inseparable parts of the territory of the People's Republic of China. Organs of
self-government of autonomous areas must safeguard the unification of the
country and guarantee that the Constitution and laws are carried out and
implemented in those areas. State organs at higherlevels and organs of
self-government of autonomous areas should safeguard and develop a relationship
of equality, unity and mutualassistance between ethnic groups.
In places where ethnic minorities live in compact communities, after due
consideration has been given to the relationships among the ethnic groups and
the economic development of those localities,as well as to historical situation,
an autonomous area based on one ethnic group can be established, such as the
Tibet Autonomous Region, Sichuan Liangshan Yi Autonomous Prefecture and Zhejiang
Jingning She Autonomous County. Or an autonomous area based on compact
communities of two or more ethnic groups may be established, such as the Qinghai
Haixi Mongolian-Tibetan Autonomous Prefecture, Gansu Jishishan
Bao'an-Dongxiang-Salar Autonomous County, and so on.
If other ethnic groups live in compact communities within the autonomous area
of one bigger ethnic group, the former may establish their own autonomous areas
or ethnic townships. For example, the Yili Kazak Autonomous Prefecture and Yanqi
Hui Autonomous County have been established in Xinjiang Uygur Autonomous Region.
Depending on the actual situation of each locality, ethnic autonomous areas may
include communities, cities or towns where Han people or people of other ethnic
groups live.
If communities of one ethnic group of various sizes occupy several areas,
they may establish several autonomous areas of different administrative status.
Take the Hui ethnic group for example. There are the Ningxia Hui Autonomous
Region, Gansu LinxiaHui Autonomous Prefecture and Hebei Mengcun Hui Autonomous
County.
Except for special cases, the name of an ethnic autonomous areanormally
consists of the name of the place, name of the ethnic group and the word
indicating the administrative status, in that order. Take the Guangxi Zhuang
Autonomous Region for example. Guangxi is the name of the place; Zhuang is the
name of the ethnicgroup and Autonomous Region indicates its administrative
status.
The establishment of an ethnic autonomous area, the delimiting of its
boundaries and what name this autonomous region is to assume shall be decided
after these matters are fully discussed among state organs at a higher level,
the state organs of the locality concerned and the representatives of the
relevant ethnic group(s), and then their decision shall be submitted for
approval in accordance with the procedures prescribed by law. The establishment
of an autonomous region is to be approved by the National People's Congress. The
delimiting of the boundaries of anautonomous region, the establishment of an
autonomous prefecture or county and the delimiting of their bounda-ries are to
be decided by the State Council. Once an ethnic autonomous area is established,
it shall not be dissolved or amalgamated without going through the procedures
prescribed by law. Once the boundary lines of ethnic autonomous areas are
determined, they shall not bealtered without going through the procedures
prescribed by law. Ifan ethnic autonomous area really needs to be dissolved or
amalgamated, or if its boundaries really need to be altered, the matter shall be
fully discussed by the relevant departments of thestate organs at higher levels
and the organs of self-government ofthat autonomous area, and their decisions
shall be submitted for approval in accordance with the procedures prescribed by
law.
(3) The Composition of Organs of Self-Government of Ethnic Autonomous Areas
Organs of self-government of autonomous areas are the people's congresses and
people's governments of autonomous regions, autonomous prefectures and
autonomous counties. In addition to deputies from the ethnic group or groups
exercising regional autonomy in the area concerned, the people's congresses of
the autonomous areas should also include an appropriate number of members from
other ethnic groups living in that autonomous area. Among the chairman or
vice-chairmen of the standing committee of the people's congress of an
autonomous area there shall be one or more citizens of the ethnic group or
groups exercising regional autonomy in the area concerned. The head of an
autonomous region, autonomous prefecture or autonomous county shall be a citizen
of the ethnic group exercising regional autonomy in the area concerned. Other
members of the people's governments of the autonomous areas shall include an
appropriate number of members ofthe ethnic group exercising regional autonomy as
well as members of other ethnic minorities. The functionaries of the working
departments subsidiary to the organs of self-government shall be composed in a
similar fashion.
