A/HRC/16/53/Add.1
the purpose of this summons was “to solve the issue of the Vang Chu religion”. The term
“Vang Chu religion” in these documents was allegedly used by the officials to avoid the
term “Protestantism”, which is recognized by Vietnamese national policy.
437. Article 1 of the Ordinance Regarding Religious Beliefs and Religious Organisations
(21/2004/PL-UBTVQH11) guarantees the right to freedom of religion and religious belief,
and its article 8(1) prohibits discrimination on the basis of religious beliefs. However, the
Ordinance also sets out a series of limitations, for example by prohibiting the “abuse” of
religion to undermine national unity, to “sow division among the people, ethnic groups and
religions” or to “spread superstitious practices” (article 8(2) of the Ordinance). Its article
15 provides that religious activities will be suspended if they “negatively affect the unity of
the people or the nation’s fine cultural traditions”. Article 16(1) of the Ordinance stipulates
that no organization is permitted to be contrary to “the nation’s fine traditions”.
438. The Special Rapporteur appealed to the Government to ensure the right to freedom
of religion or belief of the families of Mr. Sung Cua Po, Mr. Sung A Sinh and Mr. Hang A
Xa in accordance with articles 18 of the International Covenant on Civil and Political
Rights and of the Universal Declaration of Human Rights. The latter provides that the right
to freedom of thought, conscience and religion “includes freedom to change his religion or
belief”. In addition, article 18(2) of the International Covenant on Civil and Political Rights
requires that “no one shall be subject to coercion which would impair his freedom to have
or to adopt a religion or belief of his choice”.
439. In addition, the Special Rapporteur referred to Human Rights Council resolution
6/37, in which the Council urges States “to ensure that their constitutional and legislative
systems provide adequate and effective guarantees of freedom of thought, conscience,
religion and belief to all without distinction, inter alia, by the provision of effective
remedies in cases where the right to freedom of thought, conscience, religion or belief, or
the right to practise freely one’s religion, including the right to change one’s religion or
belief, is violated”.
440. Furthermore, the Special Rapporteur recalled that the General Assembly, in its
resolution 63/181, urges States “to step up their efforts to protect and promote freedom of
thought, conscience and religion or belief, and to this end: […] (b) To ensure that no one
within their jurisdiction is deprived of the right to life, liberty or security of person because
of religion or belief and that no one is subjected to torture or other cruel, inhuman or
degrading treatment or punishment, or arbitrary arrest or detention on that account and to
bring to justice all perpetrators of violations of these rights; […] (j) To ensure that all public
officials and civil servants, including members of law enforcement bodies, the military and
educators, in the course of fulfilling their official duties, respect all religions or beliefs and
do not discriminate for reasons based on religion or belief, and that all necessary and
appropriate education or training is provided; […] (l) To take all necessary and appropriate
action, in conformity with international standards of human rights, to combat hatred,
intolerance and acts of violence, intimidation and coercion motivated by intolerance based
on religion or belief, as well as incitement to hostility and violence, with particular regard
to religious minorities […]”.
(b)
Response from the Government of Viet Nam dated 17 June 2010
441. In its letter dated 17 June 2010, the Government of Viet Nam responded to the
urgent appeal of 3 February 2010 regarding the case of some ethnic minority persons in the
Dien Bien Province, Viet Nam.
442. According to the Government, the allegations that the three persons were fined,
threatened and forced to renounce their Christian faith are totally untrue. In fact, after
converting to Protestant Christianity, one person demolished the traditional places of
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