A/HRC/28/57/Add.1 108. To ensure that restrictions are in conformity with international standards regulating restrictions on freedom of expression, as set out in article 19 of the International Covenant on Civil and Political Rights, the Special Rapporteur recommends that Viet Nam: (a) Amend accordingly article 11 of the 2006 Law on Cinematography, article 10 of the 2012 Law on Publishing, article 8 of Decree 113 on art activities and other similar provisions; (b) Abolish prior-censorship bodies and systems in all fields of artistic creation, in particular cinema and literature; (c) Regarding cinema, establish an independent classification body and a rating system for the sole purpose of informing parents and regulating unsupervised access by children to particular content; (d) Put an end to the system of government control over publishing. Independent private publishing houses and cinema/visual art studios should be authorized to operate without impediment and fear of harassment; (e) Repeal article 88 of the Criminal Code regarding “conducting propaganda against the Socialist Republic of Viet Nam” and release those detained under this provision, in particular artists; (f) Repeal Decision 97 of the Prime Minister, which limits scientific and technical research to 317 approved topics; (g) Abolish the “cultural police”, as well as the surveillance and harassment of artists and academics. Any decision regulating or prohibiting an artistic activity should be communicated in writing, with the reasons specified, and be subject to appeal before a court of law. Tourism, development policies and the protection and promotion of cultural heritage 109. The Special Rapporteur recommends that the cultural rights of the communities concerned be fully taken into consideration in planning and implementing development programmes. 110. The Government should ensure greater flexibility in its policies and meaningful consultations with the communities concerned when developing programmes. A practice needs to be developed that enables people to contribute to the design of programmes that significantly affect their way of life. When extending support for housing, for example, the Government should offer them real choices with regard to the architectural design — traditional, modern or mixed — for building their personal houses. 111. The Government should ensure the effective participation of relevant groups in the identification, interpretation, development and management of cultural heritage. Inventories of tangible and intangible cultural heritage should be community based, in particular for smaller groups. The Special Rapporteur stresses that the role attributed to people’s committees at the local level cannot be considered to be proper consultation of local communities. 112. The new Land Law of 2013 should be implemented in a manner that protects the collective use of land for communities wishing to retain and develop their traditional ways of life, which are most often based on agriculture, forest husbandry 21