E/CN.4/1999/58/Add.2
page 24
2.
Information from the Muslim Association of Viet Nam
97.
The representatives of the Muslim Association of Viet Nam stated that
their community, which was centred basically in the south of the country and
made up of ethnic Vietnamese and others originally from Malaysia, India and
Indonesia, enjoyed freedom of religion. They emphasized that they were able
to conduct, freely and fully, their religious activities, including prayer,
religious festivals such as Ramadan, religious teaching including study
abroad, the printing of religious works including the Koran, the movement of
clergy, the pilgrimage to Makkah and correspondence between clergy, including
foreign Muslim organizations. They said that the Muslim Association of
Viet Nam, which had been banned after 1975, had been authorized once more
in 1992 and was the only Muslim association in Viet Nam. They were satisfied
with the number of places of worship and of imams.
98.
Even so, they regretted the lack of financial resources needed to
develop Islam in Viet Nam. While they appreciated the material and financial
donations received from abroad (Saudi Arabia, Kuwait, Indonesia, Malaysia),
they would have liked greater financial assistance.
IV.
CONCLUSIONS AND RECOMMENDATIONS
99.
The Special Rapporteur's analysis of the situation in Viet Nam
focused on legislation and State policies in the field of tolerance and
non-discrimination based on religion or belief and, accordingly, on the
situation of the religious communities.
100. The 1992 Constitution, which reflects Viet Nam's new policy lines in the
field of fundamental freedoms, guarantees a number of fundamental rights,
including the right to freedom of religion or belief. In conformity with
international law, article 70 of the Constitution protects freedom to believe
or not to believe. The second part of the article, however, addresses the
question of limitations on freedom of belief, i.e. respect for the law and the
policies of the State (see para. 8 above).
101. As a preliminary observation, the Special Rapporteur notes that, while
it is true that international law provides for limitations on freedom to
practise a religion or belief (as opposed to freedom of religion or belief
per se), article 18 of the International Covenant on Civil and Political
Rights and article 1 of the Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief, like the
Vietnamese Constitution, stipulate that all restrictions must be established
by law.
102. However, whereas the two international instruments list the restrictions
necessary for public safety, order, health or morals, or the fundamental
rights and freedoms of others, article 70 of the Constitution also refers to
“the policies of the State”. The concept of policy of the State appears, at
first glance, to be quite vague and extendable: it may of course include
State policies designed to guarantee public safety, order, health or morals,
or the fundamental rights and freedoms of others, but it can also go further,
to include restrictions not provided for under international law.