A/HRC/16/45/Add.2 V. Religious minorities 59. Article 70 of the Constitution specifies that “Citizens have the right to freedom of belief and religion, and may practice or not practice any religion. All religions are equal before the law. Public places of religious worship are protected by law”. The Ordinance on Belief and Religion came into effect on 15 November 2004 with the aim of concretizing the constitutional provisions into institutionalized policies and guidelines, and is the primary document governing religious practices.20 The Government issued Decree 22/2005/ND-CP in March 2005 to provide additional guidance on the Ordinance on Religion and Belief. The Decree provides procedures for official recognition and registration of religious organizations, their places of worship, clerics and activities. 60. While the Government arranged meetings with a number of religious leaders during the independent expert’s visit, including a pastor of the Protestant Church, a Khmer Buddhist leader and representatives of the Catholic Church, it is regrettable that the expert’s access was closely controlled by the Government; access was not free nor unfettered. The expert therefore cannot conclude that those meetings fully reflected the range of perspectives and opinions relevant to religious freedoms in Viet Nam. 61. Those with whom the independent expert spoke during the above meetings uniformly conveyed the message that there were no issues of concern with regard to religious freedoms and places of worship. This opinion was, however, contradictory to reports and information provided to the expert by various credible sources prior to her mission. Numerous issues of concern had been detailed, which the expert raised directly with the Government Committee on Religious Affairs in Hanoi and with provincial authorities. In each case, the expert was assured of the Government’s commitment to religious freedoms and that no undue restrictions affected members of any faith. The Committee on Ethnic Minority Affairs, in the document prepared for the meeting with the expert (see paragraph 38 above) stated that the Government “consistently pursues policies that respect and protect citizen’s right to freedom of belief, to follow or not to follow a religion, and to participate in ordinary religious activities in accordance with the law.” 62. The concerns expressed to the independent expert related to restrictions on organized activities of some religious groups, notably some Protestant and unrecognized Buddhist denominations. Advocates for religious freedom have complained of the Government’s excessive role in overseeing and regulating religious activity. Religious groups must be officially recognized and registered in order to practice legally. Sources reported excessive delays and obstruction to registration of some churches. Lack of official recognition has reportedly affected the Unified Buddhist Church of Viet Nam, some Protestant churches, groups belonging to the Hoa Hao Buddhist Churches and some Cao Dai groups. 63. While some sources acknowledge that many unregistered churches are tolerated and allowed to practice informally, others have reportedly been obstructed and experienced harassment, surveillance, intimidation and sometimes violence against church members. Others reported actions by the authorities, such as demands for lists of congregations, as a condition for registration and harassment of those attending unrecognized churches, such as the Protestant “House Churches” in the central highlands. 20 Article 38 establishes that, “in cases where the international treaties Viet Nam signed or acceded to have provisions different to provisions of this Ordinance, such provisions of the international treaty shall be followed”. 15